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3m §aufc bev 3^e})ra|"entanten bev Scveintg* 

ten ©taaten, aU Committee be^ ©vanjcu iibcr 

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1851 folgenber 25erem=5>ovfd)Iag unter ^era^ 

t^ung : 

35 e [ d) 1 [ f en b u r d) b e n © e n a t u n b 
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t e i- SS e r c i n i g t c n S t a a t c n, i m S n= 
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turn ^riifibenten bev 5>ereinigten ^Staaten jitge^ 
fd;c!t tuerbc. 

, ■In-r Dean fd)Iug sor, bap eine Committee 

; crnanit iverbe, um Souig Mo^ntlj in bag .paitg 

J)er 0le).ra[entanten einjufiil}ren. 

I ' ^err '^ a t e g, (2BI)ig) mx SHinoig. 3d) 

I W^^ foU^nbe 95erl)e[fevung yor : 

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':iap bie 9{et,tentng ber 33ereinigten ©taaten'bag 

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gefd)Iagen, um 5u fagen, ba§ id) 3U ©unften beg 
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man bag ^an^ nid)t ju einer Slbfttmmung iiber 
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fat^ i)on 3ntcri;)ention(©ajan|'d)entreten.) 5^cin, 
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bur(^ -Jolgerung. Gg ift jtid?tg in bemfclbcn 
ent()aUen, bag, einer orbent(id)en unb el)rlid)en 
Sluglcgung gemap; fid) alg eine 5Bcrpf(id)tung 
fiir jenen ^runbfa0 aug(egen licpc. 'I)k cin* 
gigc grage ift, ob wir iencm auggejci(^neten3Ser- 
ti)eibiger beg 9)Zenfd)cnred)tcg cinl)er3lid)eg2Bi(I= 
fommen gewat)ren woUen. 5)er 35orfd)Iag gibt 
ber Sommittec, einjig imb adein, ben 2(uftrag, 
bei Subiuig ^loffutl) i()re Slufmartung ju mad)en 
unb t()n in biefeg ^;iani ein3ufii()ren. SBenn ba^ 
I)er Sleprafcntanten 3nteroention alg Sinwanb 
gegen biefen 58efd)lup yorbringen, fo beriidftd)* 
tigen fie nid)t beffen SBortc ; eg i|l in bemfclben 
feine 33el)auptung aufgeftelit ; eg ifi eine bicpc 
^oflic^feitgbegeugung, nid)tg mel)r unb nid)tg 
jueniger. 3d) mijd)le nic^t auf unjtnnige 2JBci= 
fe biefe Sf^ation in bie 2(nge(egcnl)eiten aug»ar»=' 
tiger 5iationen ycriPtdeln. 3c^ fe^e w^ tmm 



SPEECH 



op 



HON. RICHARD YATES. OF ILLINOIS, 



THE LAND POLICY OF THE UNITED STATES, AND IN DEFENSE OF THE WEST. 



DELIVERED 



IN THE HOUSE OF REPRESENTATIVES, APRIL 23, 1852. 



WASHINGTON: 

PRINTED AT THE CONGRESSIONAL GLOBE OFFICE. 

1852. 



I 



LAND POLICY— DEFENSE OF THE WEST. 



The House being in tlie CnnimittPO oflho Whole on the hill 
*' to encourage iijirii-Hlturf, nianulhctures, commerce, and 

* other branches ol'iiidnstry, l>y grunting to every man who is 
' the head of a family, a homestead of one hundred and sixty 
♦acres of land out of the public domain, upon condition of 

* occupancy and enltivatiou of the same, for the period 
♦herein specified" — 

Mr. YATES said: 

Mr. Chairman: I shall endeavor, in the few 
remarks which I shall make upon this occasion, 
to confine myself cliiefly to the subject legitimately 
before the committee. The consideration of this 
bill very properly invites discussion, as to tlie 
whole land policy of the Government. Whether 
the present policy as to the public lands is to he 
continued, or whether Conojress shall adopt a new 
policy, are questions which are now occupying; a 
large share of the attention of Congress, and of the 
country. In theattempt to present my views upon 
this question, I am aware that nothing short (if the 
presidential question seeius to awaken the interest 
of the committee, and I almost slu-iiik from the 
effort to arrest its atteiuion, by remarks u]ion tlie 
appropriate business and practical questions which 
it IS our duty, as legislators, to investigate. 

The constitutional power of Congress to make 
grants of laiuls to actual settlers, or to the States, 
for the construction of railroads, has been denied 
by most of the gentlemen who have addressed the 
committee against these propositions. I do not 
propose <o discuss the question of constitutional 
power at length. If a question can be settled by 
precedeiU, then I think that the right of Congress 
to make these grants may be considered a settled 
question. When the propriety of such grants 
first came before Congress, the question of con- 
stitutional power underwent a thorough discus- 
sion. The greatest minds in the country were 
pitted against each other, and I believe tlie power 
to make the grants was finally conceded by nearly 
all. Most certainly, it has lieen repeatedly exer- 
cised without beins: called in question. Grants 
for purposes of education, to asylums, to actual 
settlers, and for the promotion of internal im|irove- 
ments, have been made at sundry times, be<rinning 
with the adiuiiiistrati(Ui of Washington, down to 
the present day. When we have the opinions of 
such men as Mr. Clay and Mr. Webster, General 
Cass and Mr. Douglas, and nearly all the leading 
men of both parties, and especially the opinions 
of the strict constructionists of the Constitution, 
including Mr. Calhoun, who was ever jealous of 
the exercise of any doubtful constitutioiial power; 
I say when we have such an array of authorit]' in 



favor of this constitutional power, added to the 
uniform practice of the Government, and enforced 
by the legislation of almost every Congress, it 
would seem that this might well lie considered a 
settled question. I do not say that precedent is 
everything, but I do say that the opinions of our 
profoundest statesmen and lawgivers, expressed 
after mature deliberation, are entitled to high con- 
sideration. 

The arguments against the exercise of this power, 
relied upon by gentlemen who have addressed the 
committee, are presented in their strongest light in 
the National Intelligencer of this morning, and I 
will call the attention of the committee to the two 
strong points taken in that paper, and which I do 
not consider well taken. That paper says: 

" The property of ' the people of the United States,' 
whether it is mcuiey in tlie Treasury or the public lands, 
cannot be rightfully used by those who govern our aflairs, 
unless it is done • in order to form a more perfect Union, 
' establish justice, inmire domestic tranquillity, provide for 
' the common defense, promote the general xrelfare, and 
' svcure the blesstn^s of liberty to ourselves and our pos- 
' terity.^ " 

Now, if it caiT» be shown that the passage of 
this bill will accomplish any of these objects, then 
the "public lands maybe rightfully used for these 
grants to the objects indicated." Now I submit 
to this committee the question, Is it not for the 
" GEXERAL welfare" to prouiote the settlement 
of the public lands? Is it not for the general wel- 
fare to establish an independent yeomanry upon 
our broad and beautit'iil public domain of one 
thousand four hundred million acres of land.' Is 
it not for the general welfare that we encourage 
the agricultural productions of the country and 
improve the condition of our industrious poor? 
Is it not for the oeneral welfare to discourage 
speculation in the public lands, to fell the forest, 
to make " the wilderness bloom and blossom as 
the rose," and to cover that mighty area of terri- 
tory extending from the Ohio river to the Pacific 
ocean, with a population of independent freehold- 
ers, and to withdraw population from the tempta- 
tions and vices of crowded cities to the purer 
atmosphere of rural life. 

The same [laper says: 

".A title by 'actual settlement' is absurd, unless legal 
policy niay thus encourage hardy pioneers to enter the 
forest and plant the footsteps of civilization in its dark re- 
cesses. With this view, however, what are called 'pie- 
emptions' may he justly favored and protected." 

The constitutionality of granting preemptions is 
not denied by any. The consideration upon which 



they are granted is to encourage seltlemeHt. Is it 
not the same '^ legal policij" to encourage that set- 
tlement by making grants to the actual settler? 
Under the preemption system, the settler often 
has the privilege of buying, to the exclusion of all 
others, land at ijl 25 per acre worth ten times that 
sum. He can enter upon the ]iul)lic lands as soon 
as they are surveyed, and ijefore they are oliered 
at public sale, and purchase the same at the Gov- 
ernment price, though at the sale others might be 
ready and willing to pay five times that sum. If 
the Government may thus surrender its rights to 
promote settlement, may it not, for the same ob- 
ject, grant lands worth ipl 2.5 per acre, or less, to 
the actual settler? The [iniiciple is the same in 
both cases. It is the same in grants of bounty 
lands to the soldier, and when the " legal policy " 
is admitted in the one case, it cannot be denied in 
the other. 

I call the attention of gentlemen to that article 
of the Constitution which provides that "Con- 
gress shall have power to dispose of, and make all 
needful rules and regulations respecting, the ter- 
ritory or other property of the United States." 
" It shall have the power lo dispose of" — here is an 
unlimited power. It is not derived by construc- 
tion or implication — it is an express power. The 
manner of this disposition, and the objects of the 
appropriation, are of course to be left to the dis- 
cretion of Congress. 

Mr. Chairman, it is amusing to see how certain 
gentlemen can find authority to make appropria- 
tions to some objects, and ai the same time deny 
any power to make appropriations for other ob- 
jects of precisely the same character. The gen- 
tleman from New York, [Mr. Jenkins,] in his 
speech, maintained that our rivers were very prop- 
erly the objects of national concern, and that 
appropriations for their irnfirovement were legiti- 
mately within the power of Congress, but stoutly 
denied that Congress had any power to make 
grants of either money or lands /or the construc- 
tion of railroads. These, he says, are the objects 
of State concern exclusively. Now, here is a 
"distinction without a differcni'e." The only 
difference is, that the one is water, the other iron. 
The object of both is to fiicilitate intercourse be- 
tween the different portions of the Confederacy. 
Certainly communication by means of railroads 
is more direct; it is cheaper, safer, and speedier. 
All the operations of commerce, and all the objects 
of such a grant, can be as well or better carried 
out by the "construction of railroads tlian by the 
improvement of rivers, and therefore I can see no 
objection to grants of lands to the State to aid in 
their construction. 

EXTENT OF PUBLIC DOMAIN. 

There are several specific propositions before 
Congress — the bill now pending, granting lands to 
actual settlers; the bill granting 10,000,000 of 
acres to the States to be applied to the relief of the 
indigent insane; and various bills granting alter- 
nate sections of the public lands for the construc- 
tion of railroads. I am in fovor of the principle 
contained in all these propositions. I speak not 
of the details of these bills. If wrong in detail, 
when the time arrives for their consideration they 
can be amended to obviate objections. I am sur- 
prised that some of the advocates for grants to 
actual settlers, and for the relief of the insane. 



seem to regard railroad grants as coming in con- 
flict with them. Why, sir, nothing can be fur- 
ther from the fact. There is no conflict. There 
are enough lands for all. They cannot and will 
not be exhausted for a thousand years to come. 
The following table will show the quantity of 
public lands, sold and unsold, the proceeds of 
sales, and the grants and reservations of the same 
for all purposes, up to the 30th September, 1851: 

Sold IGl .633,930 acres. 

Grants for schools, &c 40,558,978 " 

For Deaf and Dumb Asylums 44,971 " 

For intornal iniproveinents 11,500,395 " 

To individuals and companies 279,79'2 " 

For seats of government, &c 50,860 " 

For military services 16,019,065 " 

Reserved for salines 420,3:J5 " 

Reserved for benctit of Indians 3,400,725 " 

Reserved for companies, corporations, &,c. 8,955,383 " 

Confirmed |)rivatf claims 7,123,903 " 

Swamp lands granted to the States 27,397 ,'260 " 

Central railroad grant 3,025,9-20 " 

Total of acres unsold and unappropriated, of ' 
offered and unoffered lands on the 30th Septem- 
ber, 1851, 1,399,586,140.53 acres. 

It a]i]3ears I'rom this table, that in a period of 
seventy years only 101,633,930 of acres have been 
sold, and that the Government still has on hand a 
mighty domain of over thirteen hundred millions 
of acres. Is here not an ample fund for all the pur- 
poses of education, for the relief of the insane, 
for homes to the actual settler, and for the pur- 
poses of internal improvement? 

GRANTS FOR RELIEF OF INSANE. 

Mr. Chairman, much as 1 desire to see portions 
of the public lands appropriated to internal im- 
provements, yet this is not the chief measure with 
me. In my humble estimation, the first and most 
desirable application of the public domain, is to 
make ample provision for the insane, the deaf and 
dumb, and the blind. The Government could not 
make a more useful application of a portion of the 
public domain, than by assisting each State and 
Territory lo endow an institution for each of these 
objects. The census of 1840, in a total popula- 
tion of 17,069,453 persons in the United States, 
exhibited an insane population of 17,457; and the 
census of 1850 in a total pojiulation of 23,267,498, 
gave an insane population of 27,000. The in- 
crease of the victims of insanity, is in a ratio far 
greater than the increase of the whole popula- 
tion. But, sir, the results of proper medical treat- 
ment in institutions established for this purpose 
have been most gratifying. Thousands who were 
considered hopelessly insane have been restored 
to reason, and there is every reason to believe 
that the frightful increase of this dread malady 
may be in a great measure stayed, if proper relief is 
afforded. 

The grants in favor of these objects, should be 
munificent, and such as, with the aid of the States, 
would place these institutions beyond the contin- 
gency of want. These grants are not contended 
for on the ground maintained by certain political 
economists of France, that it is the duty of the 
Government to furnish direct subsistence to the 
people, and which has led her impulsive popula- 
tion to clamor for Government aid, instead of re- 
lying upon the surer rewards of honest industry 
and persevering labor. It is upon the higher prin- 
ciple of duty to the children of misfortune, who, 
by the inscrutable decrees of an overruling Provi- 



deuce, are deprived of the ability to procure means 
of support or education. There comes to us, sir, 
an appeal from these unfortunate classes of our 
population addressing itself to the kindliest sym- 
patiiies, the noblest impulses of the heart, as well 
as to the highest considerations of patriotism. Yes, 
sir, from the dethroned intellects of the twenty- 
seven thousand maniacs in the land, the stopped 
ears of the deaf and dumb, from the sightless eye- 
balls of the blind, closed forever to the beautiful 
frame-work of art and nature, by which we are 
surrounded, comes this appeal. 

No longer needing the public lands as a source 
of revenue, some statesmen of great eminence 
have regarded their possession as a curse, rather 
than a blessing. But this depends upon the uses 
to which they are applied. If our public domain 
is discreetly applied, it will be an exhaustless 
fountain of blessedness to the people. And, if 
Congress will look at it aright, and will grant to 
the States a sufficient quantity of these lands to 
endow these institutions, and to place the means of 
relief within the reach of these sad children of 
misfortune, it will have accomplished one of the 
noblest and most sacred otijects in the sight of 
God or man. Mucli is said about progress, but 
this is a sort of progress which will prove incon- 
testably the christian enlightenment of the age, and 
bind new and bright glories around the brow of the 
Republic. It may be a weakness in this business 
age of finance, steam, and railroads, a sickly senti- 
mentality perhaps; yet I confess that for appropri- 
ations for these sacred objects is my first desire, 
and I would rather see all the projects for grants 
of the public lands fail than these. I would have 
each Stale, by the aid of these lands, erect a mag- 
nificent edifice, with comfortable and spacious 
apartments, adorned with the decorations of art 
and every pleasing embellishment; surrounded by 
large inclosures of forest tree, !)eautiful shrul), 
and blooming flower. So that if your wife, or 
daughter, or mine, should ever fall victims to in- 
sanity, (and it is a calamity to which all are liable,) 
instead of being confined within narrow apart- 
ments and prison-houses, she may walk forth in 
the light of God's glorious sun, breathe Heaven's 
pure air, and, if her fancy choose, pluck a flower 
by the wayside. 

Sir, that page of history which shall record, 
that the American Congress, in the year 18.52, made 
ample provision for these sacred objects, will be an 
immortal page. And when noble edifices fortliese 
objects areerected, and these institutions are firmly 
established, they will redound to the lasting honor 
of the Congress which made the appropriation, 
and will be pointed to by our children and chil- 
dren's children from generation to generation, as 
the proudest monuments of the glory of the nation. 

I camiot here forbear to refer to the fact, that the 
State of Illinois, in addition to her tax for the sup- 
port of the Government, and in addition to her 
separate tax for the payment of the public debt, 
with a spirit worthy of her people, imposed a sep- 
arate tax for the relief of her insane and the edu- 
cation of her blind and deaf and dumb. And 
perhaps three nobler edifices are not to be found 
m any State than those which she has erected — 
the pride of every citizen, the admiration of every 
stranger, and the glory and delight of every patriot 
and Christian. Sir, what must be the pleasure 
with which every citizen of Indiana and Illinois i 



reads the following tribute from Miss Dix, the 
great philanthropist of the age, and the illustrious 
benefactress of her race. She says: 

'• Look at Indiana— nol)le, clear sighted Indiana. She 
adopted a wise and nolile policy, equally prudent and hu- 
mane, and levied a special tax for tlie insane, for the deaf 
nmtes and the blind within her borders, at a cost of more 
than K-iOU,000. " "There, in that young State, almost 
wuliin the shadow of her oapitol, stand these monuments 
of a Cliristian and enlightened age, recording a forethought 
and munifieence which, under the circmnstanees, has no 
parallel; though Illinois, ranging side by side geograph- 
ically, almost completes a corresponding page in her his- 
tory." 

The above extract is taken from her memorial 
to the Legislature of Maryland. And. in justice 
to my State, I may say that the expenses already 
incurred by the State of Illinois for these objects 
exceed considerably the sum of $^200,000. Now, 
sir, when it is considered that both these States, 
and many others, are embarrassed by heavy debts, 
and that all the States are taxed to the utmost of 
the ability of the people to bear, it will be seen 
that this aid from the public lands would be most 
timely and appropriate, and of the greatest im- 
portance. 

GRANTS TO ACTUAL SETTLERS. 

Mr. Chairman, I shall not go into the discus- 
sion at length of the bill under consideration. I 
have for many years entertained opinions favorable 
to grants of the public lands in limited quantities 
to actual settlers. But I humbly conceive that 
those advocates of this bill, who oppose grants for 
railroads are much in error; for it is only by open- 
ing roads through the public lands, and making 
them accessible to market, that they are to be made 
desirable homes for the actual settler. 

A better illustration of the effects of the present 
land system could not be given than the declara- 
tion which has been made by the gentleman from 
New York [Mr. Sutiierland] to this committee. 
Pie says that he kiu)ws, at his boarding-house, 
four individuals, who own 50,000 acres, each, of 
the public lands. I would ask that gentleman, if 
that system is to be considered beneficial, which 
tolerates the withholding of thP'e lands from set- 
tlement and occupation in the h^-.nds of wealthy 
speculators, to the exclusion and injury of the 
poor and industrious citizens? Would it not be 
better to have these lands in cultivation, divided 
into small farms, and occupied by our industrious 
poor families, than for them to remain unim- 
proved, and absorbed entirely by speculators? Is 
thatajust system which permits the wealthy spec- 
ulator, who makes no improvements, to hold on 
to these lands until the actual settler, by the im- 
provement of adjacent lands, has made them valu- 
able, and then to charge him five times the Gov- 
ernment price for them? 

The only plausible objection to the policy of 
these grants to actual settlers, which at first struck 
me, but which, I believe, has not been advanced 
here, was, that the effect would be to depreciate 
the lands in the hands of present proprietors. But 
tiie reverse, I l)elieve, will be the eflect. The class 
of persons, who would go on a quarter section and 
occupy and cultivate it for five years to get a title 
thereto, would be in the main poor persons, and 
unable to buy of present proprietors. I doubt, 
sir, wiiether it would make a single purchaser 
less. The bounty land laws, which have absorbed 
16,019,065 acres, have not had the effect to reduce 



6 



the prices of lands alrenily occupied and improved. 
The effect, I thuik, would he to increase prices to 
present owners, by hrin^jinu; into settlement and 
improvement tJie public lands wliich would other- 
wise remain in market for sale, and which now 
come into competition with the lands of present 
owners. The prices of lands in the hands of pres- 
ent owners, are unquestionably kept down by 
the large quantity of the public lands wliich are 
subject to sale at ^l 25 per acre — purchasers being 
unwilling to jiay from five to twenty dollars per acre 
for improved lands, when they can get them at the 
Government price. 

The new States have a deejiand vital interest in 
the passage of this bill. I'hey want settlement. 
They want these lands to pass out of the hands 
of the Government into the hands of individuals, 
so as to make them taxable, and contribute their 
share to the supj)ort of the State governments. 
The passage of this bill would increase greatly 
the immigration to the land States, insure tiie set- 
tlement and improvement of the vacant lands, and 
augment the capital oftiienew States, which they 
so much need to enable tliem to engage in manu- 
facturing, the construction of roads, and other j 
important public enterprises. 

The General Governsnent would lose nothing — 
the settlement and improvement of portions of the 
public lands would increase the valye of the ccni- 
tiguous lands remaining unoccupied, and would 
add vastly to the aggregate of agricultural pro- 
duction and national prosperity. 

But, sir, the highest consideration is the effect 
which it would have to raise to independence, and to 
elevate a large portion of our fellow-citizens who 
gain a hard, scanty, and uncertain subsistence from 
the earnings of daily labor, or who, in the dependent 
relation of tenants, pay one third or one half of the 
proceeds of their labor to the owners of the soil. 

I cannot forbear to quote, in Awor of the pas- 
sage of this bill, the very extract which the gen- 
tleman from New York [Mr. Jenkins] has quoted 
against it: 

" Destitution in Philadelphia — The Pliiladeljihia 
AiiiPriciui gives an account of a visit inarle a few days ago 
to llic liovols of many of tlic poor and dcrititntc of ttiatoity, 
will) livf in small luivi'iililati'd looiiis, for wliicli tlicy are 
CDiiiprlled to pay UMi ii'iils rem racli day. It is supposed 
till' nuinlier of lliese uiilorniiiali' brinus is abinit live thou- 
sand. Many of tliem were found with tlieirhands ajid feet 
fro/.en for want of fui'l to keep them warm, while otliers 
had even disposed of most (d' their seanty elotliing to buy 
bread. In one cellar a family were foiiiid who had been 
turned out of lionu! beetaise they were uiialilc to pay their 
rent. In another place, a poor niisrrable woman and sev- 
eral children were found in a shed. Ihe eliihlreii covered up 
in a heap of ashes to keep them warm. Having iiii elotliing 
whatever to cover them, the molhfr had been (iri\'en lo this 
rcMirt to keep them from freezing. 'J'he (dothes had been 
sold to buy bread." 

Now, sir, the gentleman is most unfortunate in 
making this quotation. If he had labored for 
months, he could not have presented a more foi-ci- 
ble argument in fivor of the bill. Pass this bill, 
and a strong inducement will be jiresented to every 
one who is destitute of the means of support, and 
who has industry, to fly to the public lands; and 
instead of five thousand persons in unventilated 
rooms, and in a state of destitution, in the city of 
Philadelphia, we will, in a i'ew years, have as 
many iiulejiendent landholders in the Western 
States in the full enjoyment of all the blessings of 
life. 

Representatives from the West will bear me out 



in the assertion I am about to make. There are 
thousands of tenants in the Western country with 
large families, who are unable to make a dollar 
over and above the amount required for the su])- 
port of themselves and families, after paying to 
the owners of the soil one third of the }iroceed3 
of their aimual labor. How much ameliorated 
would their condition be, if they had their own 
soil to cultivate — homes of their own, and the 
exclusive enjoyiuent of the hard earnings of their 
daily labor.' Secure to the industrious poor man 
a home of one hundred and sixty acres of rich 
and productive land, and you attach him to the 
country. You give him a new and certain in- 
terest in the soil. He is then a freeholder, a pro- 
prietor of his own broad acres. His interest 
is identified with the Goverimient and society. 
He pays taxes; he takes an interest in schools 
and churches, roads and bridges, and in the 
voice of the ballot-box. He feels like a man, 
and he is then, in the full sense of that proud ap- 
pellation, an Amtrican citizen. For these, and 
numerous other considerations, I hope this Con- 
gre.ss will decide, that out of the 1,400,000,000 
unsold acres of the public domain, every family, 
every poor and homeless American citizen, may 
find a home — a liome, sir, which he can call his 
own — his castle of strength, where, secure be- 
neath his humble roof and around his own fire- 
side, " he can worship God beneath his own vine 
and fig tree, none darmg to molest or make him 
afraid." 

CillANTS OF LANDS TO ILLINOIS. 

Much has been said in the progress of this debate 
about the grants to Illinois. While the twelve land 
States are denounced by the gentleman from New 
York as playing a "grab game in the struggle to see 
which could get the largest share," and are de- 
nounced as land ste<ders, Illinois unfortunately is 
looked upon as, par excellence, the biggest land thief 
of alt. Her good fortune in securing liberal grants, 
has caused her to be regarded with a sort of mali- 
ciousness, which she in nowise merits, and which 
are by no means justified by the facts of the case. 
What was the principle upon which Congress ap- 
propriated alternate sections of the jiublic lands to 
aid her in the construction of her Illinois and 
Michigan Canal and the Central Railroad.' Did 
tlie United States make them without an equiva- 
lent.' Did Illinois claim them as a charity, or for 
her exclusive benefit.' No, sir; very far from it. 
The grants were made upon higher considerations 
than mere benefit to Illinois — considerations of the 
general welfare and national prosperity. Tiie State 
occupied the relation of trustee or agent to the 
General Government to appropriate the lands to the 
construction of works of acknowledged national 
importance, and in such a way as to present induce- 
ments for the sale and occupancy of her other 
wild lands which had never before existed. These 
woiks were essential links in a great national 
highway extending from the ocean to the gulf, 
and affecting in a liigh degree the interests of one 
half the States of the Ainericen Union. Talce the 
map of the United States and look at it. From 
Portland, in Maine, from New York and all the 
Eastern cities, by various routes to Lake Erie, 
across that lake to Detroit, thence to New Buffalo, 
thence across Lake Michigan to Chicago, thence 
by the canal and Illinois river, or Central Puiilroad, 
to Cairo, and through the States of Kentucky, 



Tennessee, Mississippi, and Alabama to Mobile, 
a distance of one thousand eight luuidred miles! 
Why, sir, the world in all its past history has not 
seen such a route. Here, sir, is the greatest high- 
way of ancient or modern times. The Roman 
ways were the pride of the people in the days of 
Roman power; but they dwindle into insignifi- 
cance compared with this mighty track of the iron 
horse. It was not for Illinois alone, but for the 
nation that these grants were made The State of 
Illinois was the mere crossing-place for the States 
of the Union. 

But what has the Government lost by her grants 
of land to Illinois? The lands along the line of 
the Central Railroad had been in market exposed 
to sale at the land offices for twenty-five years, 
and on account of their remoteness from market 
and destitution of timber were likely to remain 
unsold for half a century more. They came under 
the denomination of refuse lands, and belonged to 
that class which at a former session of Congress 
were proposed to be ceded to the States in which 
they were situated, to enable the Government to 
dispense with the expensive machinery of land 
offices and other expenses, which cost the Gov- 
ernment more than the revenue derived from their 
sale. Sir, it would not take long to convince any 
gentleman on this floor, who would go along the 
route of the Central Railroad, that the Govern- 
ment, as a great landholder, had adopted the most 
effectual means of imparting value to her lands 
and bringing them into market, and that, while 
doing this directly, she had indirectlij given an 
impulse to trade, a stimulus to production, and 
opened new fields to enterprise, affecting in no 
small degree a large portion of the Union. It 
is a fact, that a large number of the citizens of 
southern Illinois have for many years occupied 
and improved portions of the public lands, with- 
out procuring any title from the Government, and 
without the fear of having their possessions dis- 
turbed. These lands being in sparsely-settled sec- 
tions, and inaccessibly situated, were a hard bar- 
gain EVEN to the settler, and failed to excite the 
cupidity of the speculator. But now that this 
road has been projected, they are becoming anxious 
about their titles, are asserting their preemptions, 
and thousands are anxiously waiting, with their 
hard dollars, or warrants laid by, to take up the 
reserved lands within the thirty-mile strip re- 
served from sale the moment they are brought into 
market. And yet not a spade of earth has been 
removed on the road; but these lands will now, in 
bare expectancy of its completion, readily yield 
the |i2 50 per acre, and thus realize to the Govern- 
ment every dollar she asked for the whole at a 
peri<id much earlier than she could have realized 
the same without the grant. If the gentleman 
from Maine [Mr. Fuller] is right, they are, or 
soon will be, worth $10 per acre. What, then, 
has the Government lost ? 

the ILLINOIS AVD MICIIICAN CAMAL. 

The gentleman from New York [Mr. .Tenkints] 
has asserted, (I know not upon what authority,) 
that the grant of alternate sections of lands to the 
State of Illinois, to aid in the construction of her 
canal, has resulted in great injury to that State. 
It is easy to show that the construction of this 
great work has had an immense effect in promo- 
ting the settlement of the public lands and the 



prosperity of the State of Illinois. To show its 
mfluence upon the commerce and prosperity of 
northern Illinois, it is only necessary to call the 
attention of the committee to some of the statis- 
tics of the commerce and growth of the city of 
Chicago, situated at its terminus on Lake Michi- 
gan. In the year 1847, before the completion of 
the canal, the imports and exports of the city were 
only $4,500,000; while in the year 1848, the first 
year after its completion, they amounted to 
$20,000,000. The shipments of corn from the 
port of Chicaffo in the year 1847, were 67,305 
bushels; in 18''48, 550,460 bushels; and in 1851, 
3,221,137 bushels; and of this amount, 2,2.35,362 
bushels were received into Chicago by way of the 
canal. The lumber trade of the city doubled in a 
single year after the completion of the canal. So 
immense is this trade, that considerably over 
100,000 tons of lumber are armually transported 
on the canal, and down the Illinois river into the 
interior of the State — the evidences of which, as 
remarked by the Chicago Tribune, may be seen 
in the transformation of the rude log-cabin to the 
elegant mansion, and in the erection of commo- 
dious church edifices and comfortable school- 
houses, and in a great variety of valuable and 
extensive improvements. 

General Cass said in the Senate Chamber in 
1848, " It is now twenty-five years ago that I sat 
' all night in a canoe at the head of a pond at 
' Chicago, there being no human habitation in 
' which we could obtain shelter from the mouth of 
' the Illinois to the mouth of the Chicago river." 
And yet, sir, Chicago is now an important city — 
the second city of the lakes. Look at its wonder- 
ful growth. Its population in the year 1840 was 
4,479; in 1848, 20,023; and now, in 1852, it is 
40,000. And hence, sir, her destiny is onward 
to her proud elevation as empress of the lakes, 
the great commercial emporium into whose com- 
mission houses shall pour one third of the com- 
merce of the Union — a mighty city, rivaling an- 
cient Carthage in her pride of power. And since 
the period referred to by General Cass, the coun- 
try stretching from the mouth of the Chicago to 
the mouth of the Illinois river — a distance of four 
hundred miles — has made rapid advancement, and 
has now a better foundation for solid and durable 
prosperity than any portion of the American 
Union of equal extent. 

In the year 1831, 1 first ascended the Illinois 
river. The whole commerce of the river was 
then carried on by some four or five old steam- 
boats, which being unsafe for the dangerous navi- 
gation of the Mississippi river, were transferred 
to this river, whose current is gentle, and in good 
stages of water perhaps the best navigable stream 
in the world. But now, sir, from fifteen to 
twenty-five medium -sized steamers ply weekly 
between St. Louis and Lasalle, the western termi- 
nus of the canal, a distance of three hundred and 
twenty miles, laden with ponderous cargoes of 
merchandise, produce, and lumber, and thronged 
with thousands of travelers in pursuit of business 
or pleasure on their routes South, by way of the 
Mississippi, or to the new States and Territories 
of the Xorthwest hy way of Galena, or by way 
of the Northern lakes and railway routes to the 
Eastern cities. 

ILLINOIS RIVER. 

It will surprise many to learn, that since the con- 



8 



struotion of the oanal, ilie transpoilntion and travel 
oil the llliiitiis river is greater than that on either 
the upper Mississippi or Alissouri rivers. In tl\e 
voar ISol, there was imported into tlie oity ot'St. 
Louis iVon^ tl\e Illinois river ;iSo,0li7 bushels more 
ot' wheat than tVoin the Missouri river, and 01;"),VJ77 
busliels more than tVom tlie upper Mississippi. 
The dilVereiiee in tlie article ot' oiuii is still jjreater. 
In the year l^oO, there w<Me seven hundred and , 
eighty-eii^ht arrivals of steamlmats at the city of j 
St. Louis from the Illinois river, ami in 1851, six 
hundred and thirty-four; and in the two years, the \ 
arrivals tVom tiie Illinois river were one hundred ' 
tuui f'oriy-eii^ht more than tVom t]\e Missouri, 
seven hundred and ihiriv-one more than trom the ' 
upper Mississippi, t'our luindred and seventy-two | 
more than iVvun tlie Ohio, and six hundred and ' 
ninety-two more than from New Orleans. And, i 
moreover, one lialf of tlie tonnage on the Illinois ' 
river tinds its outlet north by way of Ohioago. 
instead ot' south by way of St. Louis. Ot' the '■• 
three n\illion bushels of corn transjiorted on the [ 
river, two millions seek its Eastern market by way ;■ 
of the canal and the lakes. An estimate furnislied i 
me by Captain A. B. Dewit,one of tite oldest and ' 
most experienced navigators of that stream, shows 
that about l.UItt.UOO tons of produce, 8OO.OIHI tons 
of merchandise, and three luindred tons of lum- 
ber and salt are annually transported on this river 
by means of steamboats and canal boats. I 

While on this subject, it may be pro[ier for me ,! 
to remark, that tVom three to five months in the ) 
year tiie navigation of this river is obstructed by ; 
bars and flats, producing great delay, expense, and 
losses, preventing access to market, and atVecting 
vast and important interests connected with the 
commerce of the river. There are twenty-eight 
bars or flats between Lasalle and tJiemoutli i\f the 
river, composeii, some of them of sand, and 
others of mud, whicli could be easily removed by 
dredging, at an expense most inconsiderable when 
compared with expenses incurred tor removing 
obstructions in liarbors tor the benefit ot' t'oreign 
commerce; and when we consider that tliis stream 
is a very important link in the chain of national 
intercommunication which extends tVom the At- 
lantic to New Orleans and Mobile, on the Gulf of 
Mexico, it is of the liighest national importance 
tliat these obstructions should be removed. Con- 
gress, by special enactment, once declared this 
sU"eam a national higliway; and it is as much en- 
titletl to the claim of nationality as the Mississippi 
itselt"; for it is, t"or the purposes of commerce, a 
direct extension of that very river, to meet the 
mighty nortliern thoroughfare extending by nvil- 
way and the lakes, to the Atlantic ocean. 

But, sir, the traveler along the canal not only 
sees a new ami flourishing commerce, but he sees 
another object dearer to the patriot's lieart. He 
sees every canal boat and steamer thronged with 
travelers, citii-.ens from every portion of our com- 
mon country. Here he finds the Western man, 
the Southern man, and, of course, " Brother Jona- 
than,'' expressing tlieir astonishment at the magic 
and wonderful growth of (hat Western world of 
ours, discussing stocks, finance, railroads, trade, 
agriculture, corn, cotton, and coil/iah: the compro- 
mise, secession, slavery, and, what is better, learn- 
ing tVom each otiier that there is no good reason 
for tlie local animosities which have heretofore 
existed and exhibited themselves in alarming as- 



pects, threatening to jar the pillars of the Union 
and which, happily, the contact and collisions of 
modern commerce and business inteconrrse are fast 
wearing away. 

Mr. Chairman, 1 t'eel like complimenting the 
honorable gentleman tVom South Carolina [Mr. 
Ouk] for his lucid and eUu^ueiU speech in behalf ot 
the Missouri roads: and it is not tor his eloquence 
alone 1 thank him, but t'or his magnanimity. That 
gentleman well knew that these roads did not point 
to the South, but to the East; and that, while the 
South would enjoy no direct benefit from their 
construction, they would pour tlie rich treasures of 
a new and valuable conuuerce into the commission 
houses of the Eastern cities. Yet, sir, he did not 
pursue the illiberal policy of o|>posing grants for 
these roads, because calculated to benefit the East 
more directly than the South. I will say to that 
honorable gentleman, I trust the day is not t'ar 
distant when, by means of the Illinois and Ala- 
bama road, we can supply the South with the pro- 
ductions of our Westeiii farms, and receive in ex- 
change the rice, cotton, and sugar of the South; 
when the cifi/.en of the South, flying from the heat 
of a Southern sun, shall find a pleasant summer's 
retreat in our beautiful groves and prairies of the 
West; and 1 tell that gentleman, if the halcyon 
day predicted by my iVieiui from Missouri [Nlr. 
Mii.i.K.u] shall ever C(uue, when the young men of 
the South shall intermarry with oitr beautit"ul daugh- 
ters of the prairie, it will not be long till all their 
notions of secession and disunion will be blown 
sku /lig/i. A union of the descendants of Sumter 
and Alarion with those of Boone and the Western 
pioneer, would be a union indeed, and, 1 think, 
would be '* preserved for the sake of the Union." 

GRANTS FOR RAU.ROAPS. 

Mr. Chairman, I do insist we have a right to 
complain of the old States, because they refuse to 
help us when they can doso without injuring them- 
selves. We propose to give them all they ask for 
the lands. If we build the roads, the Govern- 
ment gets $0 .'>0 per acre for the reserved alternate 
sections, which is all it asks for the whole. If 
we do not build the roads, we get none of the 
lands — they revert to the Government. 

The argument is, that the lands belong to all 
the States — that they are a common fund. 1 .admit 
it. We do not propose to diminish the common 
fund. Then is it not illiberal in the Represent- 
atives of the idd States to withhold fVom us a pos- 
itive benefit when they lose nothing- Tlie|uiblic 
lands, you say, are common pro[>erty. Let us 
see what there is in this argument. Suppose that 
a custom-house was needed in New York, or that 
some obstruction in the harbor of that citv remiired 
to be removed, and the gentleman from NewVork 
should brinii' forward a bill appropriating money 
out of theTreasury, and I should say to him, " Sir, 
you must not take the money in theTreasury; it 
Is common property, and belongs to the people of 
all the States, and you nuist not appropriate it to 
these objects, unless in the same act of appropri- 
ation you give to the State of Illinois an equal 
amount tor some object she may have in view.'* 
Why, if we can make no appropriations unless 
they confer equal benefit on all tlie States, then 
we can make none at all. The argument that, 
being common property, the public lands cannot, 
therefore, be appropriated to great objects of jnib- 



9 



lie utility, because they happen to lie in a partic- 
ular Htction, i« an argument which, in the present , 
CfiKt, rriHy [lander to the cupidity of the Repre- 
senbitivr-s of the old States, and to their jealousy 
of the West; but it is not very creditable to the 
schools and colleges in which they were taught 
the principles of logic. 

Tliere are paramount reasons why the Govern- 
rncfit should make these grants. First, as a great 
larjdholder; the Government, in the management 
of its property, ought to exercise, as fur as is 
practicable, lhesariie[irudenf;e and foresight which 
an individual under similar circumstances would. 
An individual owning large tracts of forest or prai- 
rie land, remote from settlement and market, and 
valueless, would readily sell, or even give away, 
a portion of said lands, to increase the value of i 
the residue; and especially, if by so doing he i 
coidd make that residue yield in a short time more ■ 
than the whole would in its unimproved condi- : 
tion. ! 

Second, as a measure of economy, to hasten the ' 
sales of the public lands, and thus at the earliest 
period enable the Government to dispense with 
the expensive machinery of land offices and other 
disbursements incurred in the sale of said lands. 

The sale of the public lands cannot be more ef- 
fectuallj^)romoteu than by opening roads through 
them. Take the route from ijurlington to Lafay- 
ette, or from Springfield to Terre Haute, portions 
of which run through large bodies of the public 
lands — firairies extensive and untenanted, and dis- 
tant from market — lands not worth Government 
price. Suppose that by an Almighty fiat, a river 
straight as an arrow, unobstructed by snags or 
bars, and navigable for steamers of the largest 
class at all seasons of the year, should be run 
through those beautiful and productive lands: 
how long would it be before the Government 
would sell every acre within a day's travel of that 
stream.' How long before commerce would flap 
her thousand sails upon that river.' How long 
before its shores would resound with the roar of 
steam and the rattle of machinery.' How long 
before its banks would teem with smiling villages, 
and its broad acres bend beneath fields of waving 
green, and the ripened harvest.' Well, sir, the 
railroad will produce the same results; yea, for all 
the purposes of commerce, speed, and safely, the 
railroad surpasses the river. 

CLAIMS OF THE WEST. I 

The gentleman from New York [Mr. Bennett] 
in his speech says: j 

" In triitti, it is a kind of a grab gatm;, where each of the ; 
new StaU;s gets all it can — the mont sclfii^h and clamorous 
taking the largf.'Htrthari; — while more than half of the. StJites, i 
and two thirds of the poimlation, art; mere spectators to the j 
nkill and raparity whifh the twelve land Slates di. splay in i 
taking the puhlie lands." 

Rapacily ! — This is a term applied to barbarians ' 
and robbers. Sir, this comes well from the modest \ 
State of New York. If tliere is anything that ever \ 
will keep that State in the biick ground, it is her i 
wonderful mode.sty. She never asks for anything. 
She never gets anything. She is languishing to 
death for want of some appropriations out of the 
Fedeial Treasury. Now, sir, to be serious, I do 
not complain of New York. I do not complain of 
what she has got. Asa citizen of this nation, I ; 
am proud of the JMopire State. I glory in her pros- : 
perity, in the Napoleon-like energies of her peo- 1 



pie, and in that daring enterpriseof her merchanta 
and tradesmen which has sent our flag into every 
port, and planted the feet of our sailors on every 
island of the sea; and I hope, sir, that the liberal 
hand of the Government will ever be extended to 
her in promoting our commerce with foreign na- 
tions; but, sir, as a Western man, 1 hurl back 
the charge of rapticiiy made against us for asking 
grants of worthless wild lands to enable us to get 
to her markets, and to swell the sails of her com- 
merce. 

Mr. Chairman, much consideration is due to 
the new States. The old Slates came into the 
Union proprietors of all the public lands within 
their limits. Upon the separation of the Colonies 
from the mother country, they succeeded to the 
right of eminent domain, which, up to that time, 
had existed in the Crown. They have received 
the proceeds of these lands into their State treas- 
uries, and they have been disbursed for the benefit 
of their citizens. But not so with the new States. 
In most of them the General Government is, to 
this day, the proprietor of the larger portion of 
the lands within their limits. These States, be- 
fore their admission into the Union, were required 
to subscribe to the conditions contained in the or- 
dinance of 1787 — "never to interfere with the 
primary disposal of the soil;" and " to impo.se no 
tax on land the property of the United States;" 
and in the acts of their admission into the Union 
as Stales, they were required to ."subscribe to an- 
other condition — " that every tract of land sold by 
' the United States, after the day of their admis- 
'sion, should remain exempt from any tax for 
' State, county, township, or any purpose what- 
' ever, for the term of five years from and after the 
' day of sale." The first condition is still in 
force, and the latter remained in force until .Jan- 
uary, 1847, when Congress passed an act author- 
izing the .States admitted into the Union prior to 
the 24th day of April, 1820, to tax the lands from 
the day of sale. It is true, the United States gave 
the sixteenth section; a township for a seminary 
of learning; the saline lands, and two fifths of the 
five per cent, of the proceeds of the public lands 
to the State of Illinois in exchange for this immu- 
nity from taxation. But it is very easy to show 
that the State has lost several millions of dol- 
lars more by this surrender of her sovereign right 
to tax the lands than all she has obtained from 
the concessions of the Government in considera- 
tion for this immunity. 

But, again: there is an equitable claim which 
entitles the new States to someconsideration. The 
citizens of the new States have reclaimed the pub- 
lic lands from the wilderness, and given them all 
the value they possess. The actual settler, by his 
labor and cuUivaiion of the one himdred and sixty 
acres he buys from the Government, gives value 
to and brings into market the adjacent lands. 
Every furrow made by his plow, every road he 
opens, every bridge he builds, and every house 
he erects, adds value to the adjacent Government 
lands; and in Illinois, and in most of the new 
Stales, the system of taxation being on the ad va- 
lorem principle, the more he improves his lands 
the higher are his taxes; but the General Govern- 
ment being the largest proprietor, derives the full 
benefit of these accessions of value, but pays no 
taxes. 

The reclamation of that vast territory west of 



10 



the Allegharnes from the savage and the solitude 
of the wilderness, is a high compliment to the ad- 
venturous spirit of the pioneer, whose dauntless 
courage has impelled him to encounter all the 
vicissitudes of a frontier life, and to lay broad and 
deep the foundation of great commonwealths in 
these wild forests and untenanted prairies. The 
• settlement of the West is the grandest achieve- 
ment of the age. An half century discloses a 
niagnificent empire, and the establishment of the 
institutions of law, religion, and liberty on that 
territory which, at the beginning of the Govern- 
ment had been consigned by prophecy as the per- 
petual domain of the sava"-e. 

And what has the Government done ? It is true, 
she has negotiated treaties with the Indians, but 
by her Indian policy she has hedged up the path of 
the pioneer from tlie frontiers of'Virginia at each 
successive advance to the Rocky niountains by 
walls of wild Indians, who stand ready on the 
border-line with the implements of dea'h to mas- 
sacre him, his wife, and children. By her land 
policy she has wrung from the hard earnings of 
the pioneer $1 25 per acre for redeeming her^erri- 
tory from savage occupation, and making farms 
for her in the wilderness— that p 25 to be drawn 
mto the abyss of the Treasury, to be expended 
anywhere else than in the region of its acquisition. 
I he poor immigrant— the actual settler has fol- 
lowed, with his axe in one hand and his gun in 
the other, close on to the receding council-fire of 
the Indian, leaving behind him all the conveni- 
ences of society- destitute of schools and churches 
—dwelling in rude log cabins, and exposed to 
every conceivable danger and privation. He has 
made your lands valuable, and paid you ^1 25 
per acre for them, which, instead of finding fts 
way into the State Treasury to be disbursed 
among these settlers, has gone into the United 
btates Treasury, to be expended for the benefit of 
foreign commerce. All your boasted liberality- 
all your "I would be generous to the new States," 
amounts to this, that out of your thousands of 
millions of acres of public lands, you have granted 
to the land States, for the purposes of intenial im- 
provements, only 11,500,395 acres. 



RIVERS AND HARBORS. 

Sir, the rivers and harbors of the West must 
remain unimproved; her three hundred millions of 
commerce and her ten millions of people must 
have no protection; the lives and property of her 
citizens must be sacrificed for the want of small 
appropriations to remove the snags and bars from 
her rivers; her vast stores of agricultural produc- 
tions must rot in her barns for the want of small 
portions of the public domain in aiding her to get 
them to market; and this, too, when it is incon- 
testably proven that the Government receive<j more 
immediate benefits from the grants than the States 
themselves. 

From statistics taken by direction of the Treas- 
ury Department, it appears that, in the year 1851 
67 vessels were lost on the inland lakes and rivers' 
35 by tempest, and 32 by snags; 628 lives were I 
lost during that year, and the total value of prop- I 
erty destroyed was near two millions of dollars 
I noticed, the other day, a letter of a St. Louis I 
insurance company to pilots on the Mississippi 
river, directing them to avoid a certain snag in the I 
channel of that stream, and stating that three fine I 



steamers had been sunk by striking that same 
snag, at a sacrifice of !^40,000. Now, if there was 
any obstruction in any harbor on the sea-board, 
how long would it be before Congress would make 
an appropriation for its removal, and who would 
vote for It more cheerfully than Representatives 
from the West? On my way to this city, down 
the Illinois and Mississippi, and up the Ohio 
rivers, I saw scores of boats stationed on sand- 
l3ars, making inefl'ectual efforts to proceed on their 
journeys. The boat on which I was a passenger, 
was detained twenty-four hours at the mouth of 
the Cumberland river. Who, sir, is responsible 
for these obstructions to commerce, expensive de- 
lays, and immense sacrifices of life and property.? 
Let the party whose policy it has been to vote 
down and veto every river and harbor bill, answer.' 
Why, sir, while we have been discussing the rel- 
ative claims of "Young Fogy" [Mr. Douglas] 
and " Old Fogy," [General Cass,] we could have 
pa.ssed a river and harbor bill, which would have 
sent a gladsome thrill of joy throughout the mighty 
Valley of the Mississippi. A small appropria- 
tion—no burden on the Treasury— an amount we 
would never miss, would clear out the snags and 
deepen the channels of our Western rivers; would 
rouse the young West, stimulate her enterprise, 
and advance her prosperity! 

There can be no question as to the obligation 
which rests upon Congress to make these appro- 
priations. The same clause of the Constitution 
which confers upon her the power to protect life 
and property upon the ocean, confers power to 
protect life and property upon the lakes and rivers. 
Congress voluntarily assumed this oblio-ation in 
the passage of the ordinance of 1787, which says: 
'> The navigable waters leading into the Mississippi and 
b.t. Lawrence, and the earryin<r places between them, shall 
be cominnn highways, and forever free to all of the citizens 
of the United States, without any tax, impost, or dutv 
therefor." ? ■ j " -^j 



Congress having thus declared these rivers to be 
I common highways for all the States, and deprived 
the States of any power to improve the same 
by impost, tonnage duties, or other tax, she has 
[ taken upon herself the irrevocable obligation to im- 
prove them, and make them in trulJi "cotnmon 
highioays" for the citizens of all the States. There 
IS no power in the States to make these improve- 
ments. If it is replied that the States can do it 
with the consent of Congress, then I rejoin that to 
do it uiith consent is not power, it is permission. 
And what State will undertake the enterprise.' 
"What is everybody's business is nobody's." 
What States \vill undertake, out of the moneys in 
their treasuries, to make improvements in which 
all the States have a common interest, and ouo-ht to 
contribute their common share? '^ 

Is this Government not partial in its appropri- 
ations? The golden regions of California are 
scarcely in the Union, before millions are drawn 
from the Treasury to connect New York and San 
Francisco by ocean steamers. The Eastern emi- 
grant, after a speedy journey in a floating palace, 
finds himself safely harbored in the bay of San 
I'ranci.sco, while the Western emigrant, i^n his ox 
wagon, must pursue his weary and perilous pil- 
grimage across mountains and wild deserts, and 
fight his way through hordes of savages, who infest 
his path at every step of his advance. For one 
third of the money expended for steamers, the 



11 



Government could open a national road between 
the frontiers of Missouri and San Francisco, es- 
tablish the necessary military posts, and station 
companies of soldiers within convenient distances 
all along the route. But the cries of distress 
along that route, and the murders and depredations 
committed, are far below the notice of Congress. 

THE WEST — EXTENT AND RESOURCES. 

It is time our brethren of the East had informed 
themselves of the extent and resources of the West. 
If they had, they would not look upon her States 
either " as spoiled children asking for what they 
were not entitled," or as Goths and Vandals, 
"seeking every opportunity to pillage the Treas- 
ury." To judge from the legislation of Congress, 
one would infer that they look upon the mighty 
Mississippi and all its tributaries as not entitled 
to as much consideration as the most inconsider- 
able harbor on the sea-board. If they would in- 
form themselves, they would find, as thegentleman 
from Ohio [Mr. Campbell] says, that " we had 
some country, Rnd some people there." Take your 
stand at the mouth of the Missouri, and look up 
to its source, 3,217 miles, up the Illinois 400 miles, 
the Ohio 1,000 miles, and the miglity Mississippi, 
the gieat trunk of all, as she sweeps her turbid 
waters 3,500 miles, from herheudland home in the 
wilderness to the Gulf — traverse the valleys of the 
Wabash, the Kaskaskia, the Rock, the Iowa, the 
Des Moines, the Wisconsin , the St. Peters, and you 
will find there is some territory there. An accu- 
rate historian of the West, the Rev. Mr. Peck, 
informs us that, " The Mississippi and Ohio, and 
' their tributary waters, form an inland navigation 
'exceeding twenty thousand miles, for various 
' classes of boats, during two thirds of the year, 
' to the point of junction at Cairo; from thence to 
' New Orleans the river is navigaljle for the whole 
' year for boats of the largest class." There are 
broad valleys there; mighty lakes and rivers, and 
beautiful prairies; mines of inexhaustible wealth; 
mountains of iron; vast beds of lead, zinc, and 
copper, and " coal enough to keep the hearth fires 
ofthe world bright for a thousand centuries." But, 
sir, there is also there, the sure and durable element 
of wealth, the soil, a rich and productive soil — a 
soil producing, with little labor, and in great abun- 
dance, those staple articles which promote the sub- 
sistence, as well as constitute the commerce ofthe 
world. Agriculture produces the raw material, 
commerce distributes it, manufactures prepare it 
for use. But, sir, the latter depend on the former. 
Agriculture is the only unfailing Imsis of wealth. 
The proudestemporiums are liable to decay by the 
opening of new ways or the diversions of the 
channels of trade; but these channels of trade, go 
where they will, they depend for their life-blood 
upon the productions of agriculture. 

" While trade's prouii empire hastes to swift decay, 
And ocean sweeps the labored mole away, 
This self-dependent power shall time defy, 
As rocks resist the billows and the sky." 

The West is progressing rapidly in commercial 
prospeiity. In the year 1811 the first steam-boat 
was launched on our western waters. On the 1st 
day of July, 1851, there were on the inland lakes 
and rivers seven hundred and sixty-five steam- 
boats, with an average tonnage of 204,613, and 
carrying 6,000,000 of passengers, and with an ag- 
gregate annual commerce of $300,000,000, exceed- 



ing the whole amount of our commerce with for- 
eign nations. 

To show the rapid advance and relative position 
of the West in the construction of railroads, I 
j have gleaned the following statistics from a table 
published by the Railway Times: 

In the United States. 

Total number of railroads 3.37 

Number of miles in operation 11,565 

Number of miles in course of construction. .. n,2"28 

Cost of roads completed $335,150,848 

Average cost per mile §'28,979 

In the Valley of the Mississippi. 

Total number of railroads 103 

Miles in operation 2,826 

Miles in course of construction 7,.')()6 

Cost of roads completed ,f 50,531 ,435 

Cost per mile $17,845 

In Illinois. 

Total number of roads 18 

Miles in operation 246 

In course of construction 2,246 

Thus it appears that the West has already one 
third as many roads as all the States, and nearly 
three fourths of all the roads in the course of con- 
struction in the whole Union. 

Mr. Chairman, the population of the Valley of 
the Mississippi already constitutes more tlian one 
third ofthe entire population of the Union. And, 
sir, the time is not distant when the seat of em- 
pire, the strong-hold of numerical power, will 
be west of the Alleghanies. The handwriting is 
on the wall. It is manifest destiny, sir. It is writ- 
ten on the signs of the times in clear, fresh, and 
unmistakable lines. And then, sir, her Repre- 
sentatives will stand on this floor clothed with the 
power to demand, and not to beg, like crouching 
mendicants, for justice. But, sir, when her voice 
shall be potential here, I believe, and trust, it will 
not be felt in partiality or oppression; but with a 
high and patriotic regard for the interests of the 
whole country, she will sympathize with, and 
cheerfully cooperate in , every measure for the com- 
mon prosperity, without regard to section or local- 
ity. She will then try and establish the proposition, 
that three hundred millions of commerce on the 
lakes and rivers is entitled to protection, as well 
as the same amount on the ocean; and that the 
life of a man on the Mississippi is worth at least 
one fifth part of the life of a man on the Atlantic. 

What has the West done? Has she not con- 
tributed her equal share to the support of the Gov- 
ernment? Has she not cheerfully voted every ap- 
propriation for the support of the Army, Navy — 
for the protection of our foreign commerce — with- 
out inquiring what particular sections it was most 
to benefit? And when the country has required 
the services of its citizen soldiery, who has sought 
the field with more alacrity? Let the history of 
the country answer. The West can point to 
many a battlefield in the war of 1812, and in the 
Mexican war, which will stand forever as the im- 
perishable monuments of the prowess of her sons. 
And yet, sir, they claim only, in comnnm with 
their countrymen everywhere, to have done their 
duty, and nothing more; and they ask only equal 
consideration at the hands of this Government. 

the roads through ILLINOIS. 

Mr. Chairman, I have not time to present the 
claims ofthe various roads for which graiits have 
been asked, and which pass through the State of 
Illinois. The Burlington and Lafayette road, the 



12 



extension of the Alton anil Saniranion road to 
Blooniuii^lon, ronneoting St. I^oiiis and Chicago 
by the most direct line, and the Cincinnati and 
St. Louis road are most important thorough- 
fares; and wlien tliese measures come up, I will, 
if I can gel tiu> lloor. present their claims to the 
best o( my abiliiy. 1 would not have the com- 
niiiiee inter tlial we expect to get grants tor all the 
roads asked lor, tor, as Mr. Doigi.vs said in tJie 
Senate, this is out of the question. We, of course, 
will expect the House to select tVom all the roads 
brought before it such as present the strongest 
claims to the consideration of Congress. As the 
bill introduced by my tViend trom Indiana [Mr. 
Davis] will probablv fusl come up for consider- 
ation, 1 will say a few words as to the route it 
pivposes. This is an extension of the Hannibal 
and St. Joseph road eastward to Terre Haute. 
From the Mississippi to the Illinois rivers a road 
is now in process of construction. From the Illi- 
nois river to Springfield a road has been in oper- 
ation for several years. It is now proposed to 
grant alternate sections of the public lands tor six 
miles on each side of the road, to extend it to Terre 
Haute, a distance of one hundred miles. From 
Terre Haute to Indianapolis a road is in opera- 
tion, ami thence to Columbus a road is in pro- 
cess of construction, and tVom tJiis point a choice 
of routes can be shortly had to any of the Eastern 
cities. The importance of this road can be seen at 
a glance. St. Joseph. Q,uincy, Smingtield, In- , 
dianoplis, Columbus, and Philadelphia aiv all on , 
the parallel of latitude torty, running tlirough tJie 
geographical center of all these States, equidistant 
m^m the lakes on the north and the rivers on 
the south, through the tinest agricultural districts 
in the world; it is the short, central, and conve- 
niei\t route of the cities of the East to the Missis- 
sippi and the Missouri, and at a future day, to the 
Pacific oces\n. 1 verilv believe that tliis is the 
nnite which is destined to b«\r on its long lines 
that majestic procession of the oommerceof the 
continents of Europe, America, and .\sia. Per- 
haps not a century will elapse betore tlie citi- 
zens of Spriitgiield, Illinois, will see in the same 
train of cars the meivhant of Liverpool, Xew 
York, San Francisco, and Pekin:and thsii trade 
which built up Babvlon and enriched Holland, 
and which has been the theme of British eloquence 
for centuries, will tind its natural cJiannel over the 
Rocky Mountains and the prairies of the "West. 

Mr, Chairman, I shall conclude what I have to 
say by expressing the hope that in our legislation 
«}wa "the public lands we will not be s^>verned bv 
the narrv^w considerations of sectional jealousv, ' 
Are the railrv^ads tor which we ask grants, for tl\e 
benetit alone of anv ivirticular section? Do they 
not open new and pr\->titable markets for vonr 
dties,' Are they not outlets for your merchan- 
dise and t!ie fi\brics of your manutactories • And 
do they not bring the nroiluctions of the mi^ny 
West, cheapenetl and in greater abundance to 
yrtur doors.- l\i they not I'reight your own rv%ads 
and canals, build up your cities, and laden your 
shifts with the cargv>es of valuable commerce? A 
radrxvsd in Illinois, like a light-house on the sea- 
c.v^st, is the common pn^perty of the nsition. 
Shall we sidopt tiie policy that "we will j>ass no 
measure unless it conters equal beneiits on every 
section of the country? Then, sir, we can pass 
none. Then, sir, stop ail appropriations for cus- „ 



tom-houses, ocean steamers, and coast surveys; 
for these add to your wealth, these make your 
merchant princes, these swell the sails of your 
commerce, while we share their benefits in an in- 
direct and incidental way only. But I trust, Mr. 
Chairman, the West will never oppose an appro- 
priation tor the "general weltare or common de- 
tense," because the locality of that appropriation 
may receive especial advantage from it. What- 
ever beneiits the East or Soutli is our benefit — if 
not tor our benefit, it is for the nation, and that's 
enough. The ocean steamer that plows the deep, 
it is enough lor us that she bears alot't our stars 
and stripes, and displays to the world the com- 
merce, power, and renown of our country. Ii is 
enough for us that she bears the U-ident of the 
seas, and outstrips the power 

" Whose t1;i2 lias braved a tlioii$,ii\d year* 
Tlic battle ami the breeze." 

Away, then, sir, forever away with arguments 
like those of the gentleman from New York, [Mr. 
Bb'.xxKTT,] addressetl to our sectioiuil prejudices 
and local cupidity. "We have one country; our 
interests are one, our history is one; our destiny 
is the same — ti glorious destiny of free and sover- 
eijrn States to unexampled power and renown. 
The same tlag that flashes its stars to the sun on 
the banks of the Hudson and Potom.^ic is hailed 
by millions of rejoicing freemen on ilie banks of 
the Mississippi and the Columbia. 

Mr. Chairman, I cont'ess I was delighted the 
other day at the vivid description given by the 
gentleman t"rom Xew York [Mr. Brooks] of the 
extent of our newly-acquired possessions, mid the 
vjist area of our counuy. "VS'ithin the last live 
years three new States have been added to the 
tlnion, and there is the territory at the head of tlie 
Missouri and the Arkans;is, the Territories of Ne- 
braska, New Mexico, Utah, and Oregon — and the 
vision of an ocean-bound Republic is now a reality.^ 
Sir, what a mighty theater for American enter- 
prise ! What a mighty course for the race of dem- 
ocratic liberty ! 

The gentleman from New York informed us 
thiit we had upon the troniiei-s an army of 10,311 
men, IIS mihtjiry posts, and 6.S00 miles of fron- 
tier requiring our protection. Now, sir, who can 
doubt iliat railroaiis, enabling us to concentrate at 
given points our Army and munitions of war at the 
shortest notice, will be a more reliable and surer 
defense than thousjxnds of military posts and forti- 
fications? And, sir, when we have united the 
Atlantic and the Mississippi, our oceans, lakes, and 
rivers, by these iron bands of commerce, we shall 
have stronger and more impregnable bonds of 
union '* than all the constitutions which man ever 
forme*!." This, sir, will be a new era — an era, 
not only of commerce, which is an exchange of 
commodities, hut also of the exchange of ideas, 
the raj^id transmission of thought — the birtli of a 
literafare commensurate with this mighty theater 
of action — a prv>gression in science, art, and r»o- 
litical economy and diplomacy ivtH fvis«M with t^is 
new power of loct^motion. Wlierever the iron 
horse travels, he will carry, not only the rich pro- 
ductions of our soil, but our laws, our liberty, and 
our religion. Flying over the rivers and moun- 
tains and wild deserts, it will realize the bright 
vision of Isaiah: •' The \-al!e}-s shall W exalted, the 
mountains laid low, and straight in the desert, 
shall be made a highway for our God." 



13 



It is already our boast as a nation, sir, that we 
enjoy more of liberty, a more universal diffusion 
of knowledge, and a more exalted national ciiar- 
acter than any nation oti the gloi)e. But the stri- 
king feature of the American character is its en- 
terprise — an enterprise that knows no obstacles, 
counts no costs, fears no dangers, triumphs over 
all obstacles. Look at California — three thousand 
miles away in the wild deserts, and mountains 
and savages between. And yet, sir, n young 
empire is there — a sovereign State, she has her 
Representative on this floor, who delights us with 
his eloquence; and who, to quote my friend from 
Kentucky, [Mr. Bricckinriuoe,] is ready to turn 
the world upside down with his brilliant notions 
of " young fogyism," "young America," and 
•' manifest destiny." 

But, sir, the most felicitous thought is now, that 
the fears of disunion growing out of the increased 
extension of territory no longer alarms the patriot. 
It will 1)6 no matter how far Charleston is from 
New York when, sir, they can have constant 
communication with each other in a few days. 
Rome, by her military powers, spread her empire 



over the world; and her eagles winged their tri- 
umphantflight over conquered provinces; but these 
provinces were beyond the reach of the Roman 
lawgiver. The eloquence of Cicero thundered in 
the forum, but it reached no fiu-ther than the ears 
of the conscript fathers and the Roman populace. 
But not so with us, when the me.ssage of the 
President can be road in the most distant State on 
the day of its delivery. Not so with us, when 
we travel by steam, print by electricity, and talk 
by lightning. 

Then, sir, with the proper application of the re- 
sources that belong to us, and a faithful develop- 
ment of the true princiiiles of our freedom, we 
may look forward, fearless of disunion, to the 
magnificent destiny which awaits us, — a nation 
renowned in arts and arms, her institutions of be- 
nevolence aiul public works the wonder of the 
world — her republican example the beacon light 
to light up the world to freedom ! 

Mr. Chairman, I see that my time is about e.\- 
pired, and I close by thanking the committee for 
the attention it has accorded me to what I have 
offered for its consideration. 



rio'^ 



THE HOMESTEAD EILL. 



REMARKS 



R. YATES. OF ILLINOIS, 

IN THE HOUSE OF REPRESENTATIVES, FEBRUARY 28, 1854. 



Delivered in Committee of the Whole on the Hate of the Union, the Homestead 
Bill being under consideration. 



Mr. YATES said: 

Mr. Chairman: The short time allowed by the 
rules of the House will not allow me to enter into 
the discussion of the merits of this bill. I am 
glad, however, that there is time enough for me 
to say that it meets with my full approbation. 
1 wo years ago, when the bill was pending before 
Congress, I had Ihe good fortune to expre.^s mv 
views at some length in its favor, and since that 
time 1 have had no reason to change my opinions. 
In tact, more mature reflection, and the inter- 
change of views with my constituents, have served 
to conlirm me in my convictions, and I am now 
satished that the proposed measure ought at once 
to be adopted by Congress, 

The friends of the "homestead bill in the last 
Congress labored hard for its passage; and so con- 
V'''''!},iy'^^^^^%^m^rnmis m its Yavor, that on 
the 12th day of Mky, 1852, it passed the House 
ot Representatives by a vote of more than two to 
one. It went to the Senate, and from the oppo- 
sition or indifference of that body, or for the want 
of time. It failed to pass. The passage of the bill 
through the House met the sanction of the coun- 
try. It has been indorsed and commended to 
Congress by various State Legislatures. I well 
recollect, sir— and it is a pleasant recollection— that 
upon my return home at the close of the first ses- 
sion of the last Congress, I was taken by the 
hand by many a laboring man and greeted with 
warm benedictions because of the very humble 
part I had taken in favor of the measure. And 
when I told them, what I then believed, that it 
failed in the Senate for want of time, but that I 
had no doubt it would pass that body at its short 
session, they were inspired with new hope. The 
ZTu P'?,T''\ f ''« passage gladdened the heart 
and brightened the eye of many a poor and home- 
less man, who had been led to look anxiously for 
nnT"1 °"/^f P"^l'c domain, and who coultf not 
^r„l r","^ "^^'^-^^^ Government should, with the 
grasp of the miser, hold on to her lands unoccu- 
pied and unimproved, while he had no home on 
earth, but had a willing heart and hand to brin"' 
them into settlement and cultivation. " 



But the action of the Senate only brou"ht re- 
nevved disappointment. The visions of a^home, 
with all Its sweet and hallowed associations of fire- 
side, wife, children, and friends, vanished before 
the opposition or inaction of the Senate. But these 
hopes are now again revived, and I trust they will 
not be again disappointed. At all events, we can 
do our duty, and leave the responsibility of its 
defeat, if it 13 to be defeated, where it properly 
belongs. ' "^ 

It would be easy to show that the General Gov- 
ernment would profit greatly by these grants to 
the actual settler; that it would greatly increase 
the value of the remaining unoccui)ied lands, and 
augment, to a great extent, the aggregate of na- 
tional production and prosperity. It would be 
easy to show that it would promote immigration 
to the land States, and insure their settlement and 
improvement; and that it would establish in com- 
lortable homes, and elevate in character, a lar-^e 
portion of our laboring classes, who now -ain'^a 
scanty livelihood by the hard earnings of^dailv 
toil, or who, as mere tenants of the soil, hopelessly 
struggle against adverse fortune without the pros- 
pect of bettering their condition. But there is not 
time to take up these points. The small quantity 
ot the public lands to be taken would not be 
missed by the Government. It is not to be sup- 
posed that more than half a million of persons 
would avail themselves of the provisions of this 
bill. And what would a half million, out of the 
ten million quarter sections of land, be to the Gov- 
ernment ? 

Mr. Chairman, that we may form some idea of 
the vast domain upon which American agriculture 
IS to achieve its triumphs, I remark, that since the 
year 1802, thirteen new States (Ohio being the 
first and California the last) have been admitted 
into the Union, embracing an area of five hundred 
and SIX million acres of land. That vast coun- 
try stretching fronr the northern lakes and the 
Mississippi river to the borders of California and 
the Pacific ocean, embraces an additional area of 
eleven hundred and ten million acres. There were 
of unsold and unappropriated, offered and unoffered 



lands, up to June 30, 1853, in the thirteen States 
and Territories, over thirteen hundred nnd sixty 
million acres apportioned in the said States and 
Territories, as designated in the following table: 
States and TctTitorics. ^3]C(t of^icres. 

Ohio eri,19C.0S 

[iidianii ;. --MT.aaWl 

Illinois 4,li:J,'J6a.S7 

Mis^iouri Q.?,720,S(il.-H 

Aliibania 15,049,t'.9;).70 

Mississippi <(.|is;i,ti.")5.94 

Louisiana y,134,l-i;?.8l 

Michigan l(),I4-3,293.48 

Arkansas iri,72;),M3S.83 

Florida 2i).26'3,67t.59 

Iowa 22,773,175.57 

Wisconsin 23,()7S,486. 19 

Calilbrnia 113,0)82,436.00 

Minnesota Territory t?5.22o,60l.4l 

Oregon - 2(16,349.333.00 

NewMexico " 127,:ii?3,0)0.00 

Utah " 113,589,013.00 

Norlhwe.st " 338.384,000.00 

Nebraska •' 87.488,000.00 

Indian '• U9J789,440.00 

Tibial 1,360,070,681.89 

Thus we see how mighty is the course on which 
is to L'o run the great race of American labor. 
Our public domain stretches far into the West, 
over mighty forests and prairies, crossing mount- 
«iins and rivers, on to the Pttcifie ocean. Here, 
sir, is a domain boundless, and exliaustless for 
generations to come, to be applied to the great pur- 
poses of national advancement, internal improve- 
ment, and education, and to be the homes of our 
spreading millions of American freemen. Thank 
God! here is room for every son of toil. We can 
say to every poor laboring man, '• Here is room." 
And I hope the day is now at hand, when these 
public laiuls shall be opened for occupation in lim- 
ited quantities to the actual settler, and when every 
homeless and houseless Aiuerican citizen, and 
every poor wanderer from foreign oppression , may 
find upon this brotid domain a home for himself 
and his posterity forever. 

I am no agrarian, sir. I can well see why ab- 
solute fee-simple title in the soil is not only right, 
_ but necessary to insure permanent improvements, 
such as houses, farms, &c., essential to the com- 
fort of families and the prosperity of the State. 
But 1 also believe that no law or conventional 
usage, nothing, except a man's own want of ener- 
gy or his worthlessness, should exclude him from 
a sufficiency of the earth to be tilled for the sub- 
sistence of himself and family. Shall he breathe 
the free air of Heaven, drink the pure waier so 
bountifully provided, and enjoy the light of God's 
glorious sun, without money and without jirice, 
and yet, of all the untold million acres of this 
green earth, not have a spot for the labor of his 
hands and the home of his heart? 

The measure is not agrarian. It does not take 
your property and give it to me. It gives to eacli 
person a portion of his own interest, or share in 
this great heritage held by the Government in trust 
for all. And if these lands were divided among 
the people, the share of each would be far more 
than that which is allowed by this bill. I repeat, 
it is not agrarian. It does not pull down, it builds 
up. It deijrades no one, it elevates all. It does 
not bring down the high, but it raises thelow. It 
does not make the rich poor, but it makes the poor 
richer, more comfortable, and more happy. Its ob- 



ject is to shed life, and light, and happiness, to plant 
in the wilderness new Commonwealths, the church , 
the school-house, and the free-hold home, and to 
push forward the car of civilization and Christian- 
ity. The ellect of the bill will be not only to aug- 
ment the aggregate of national agricultural pro- 
duction, but also to increase to a vast extent the 
amount ofconsumption,atTording to manufacturers 
and mechanics, to commerce and navigation, new 
fields for profit and employment. It will make of 
jj those now helplessly poor and oppressed, inde- 
jj pendent free-holders, having an interest in the soil 
ij and in the Government, and doubly patriotic and 
) attached to their country, because of the generous 
: interest and care evinced by that Government in 
i! providing homes for them and their families. 
How shall the Government more etlectually ad- 
vance its own weltare or add to its strength r It is 
among the tillers of the soil where we most gen- 
erally tind the men of strong arms and bravehearts, 
and those virtues of honesty, frugality, and firm- 
ness, and patriotism, which must ever constitute the 
tenduring and imperishable bulwarks of national 
stren£:th and nationa. security. 

There should be no delay, Mr. Chairman, in 
passing this bill. It will, perhaps, not be a year 
before nearly every acre of good land now subject 
to private entry will be taken up. And by whom 
taken up ? By the actual settler ? No, sir; by the 
speculator. We learn, from the report of the com- 
missioner of the General Land Office, that the 
sales of tlie public lands, for the fiscal year ending 
June 30, 1853, amounted to seven millions two 
hundred and thirty-five thousand two luuidred 
and eighty-one acres; exceeding the sales of the 
previous year by over two million acres. Now, 
sir, of these two million acres thus sold, I hesitate 
not to say that there was not one million sold for 
the purposes of immediate actual settlement; so that 
at least six million acres of these lands have gone 
into the hands of speculators. In the State of Il- 
linois, durins: the same year, there were sold two 
millions eight hundred and seven thousand nine 
hundred and eighty-one acres. It is very probable 
that over two and a half million acres of these 
lands also went into the hands of speculators. I 
was at tiie land office in Danville, Illinois, during 
the last fall, where I found hundreds of specula- 
tors; one, sir, who told me he had entered twenty- 
four thousand acres, and he a non-resident, at that. 
I found there, sir, several instances in which poor 
men, who came there to purchase for actual set- 
tlement a chosen spot of eighty acres — cliosen after 
weeks of search — found their lands included within 
the broad area on which the speculator had laid 
his remorseless grasp. They were compelled to 
go in search of other lands, at the hazard of like 
disappointment, or to pay fivefold the Govern- 
ment price for the lands they had hoped to enter. 
And yet, sir, the President, in his message, says: 
" It is believed that experience has verified the 
wisdom and justice of the present system with re- 
gard to the public domain, in most essential par- 
ticulars." 

Mr. Chairman, I submit the question, whether 
the system, as now pursued, is to be our policy 
in the future as to the lands in the States and Ter- 
ritories.' " Has experience justified the wisdom 
and justice of the system," which permits the 
wealthy capitalist to purchase these lands in un- 
limited quantities, and to withhold them from 



3 



settlement and occupation, to the exclusion of the 
actual settler ? Under the present system, non- 
residents go into the new States and Territories, 
and by means of associated capital, enter large 
tracts of the best land — from one to one hundred 
thousand acres — which they withhold from settle- 
ment and cultivation until the improvements of 
adjacent lands, made by the hard-handed toil of 
the actual settler, add tenfold to their value, when 
they sell them to him at these augmented prices. 
I oppose such a system, as having the effect to 
retard the settlement and prosperity of the new 
States and Territories; aa an act of gross and in- 
tolerable ,inju8tice to the poor and induatrious 
pioneer; and as establishing land monopolies, 
which have been thecurseof every country where 
they have been suffered to exist. Would it not 
be better to have these lands-in cultivation, divided 
into farms of moderate size, in the occupation of 
our poor and industrious families, than to have 
them entirely absorbed by speculators ? I call the 
attention of the Committee on Public Lands to 
this subject, and suggest to them the propriety of 
providing for the sale of the public lands in limited 
(.)uantities to each purchaser. Under the present 
sy.stem, we are rendering the States and Territo- 
ries liable to the largest land monopolies the world 
ever saw. No small part of the calamities and 
oppressions of the kingdoms of Europe is to be 
traced to these monopolies of the soil in the crown, 
and in the hands of a few. Look at Ireland, whose 
millions of yeomanry are the miserable vassals and 
tenants of English landlords. Look at England, 
where some thirty thousand proprietors have the 
title to the soil. In those, and other countries of 
Europe, are to be seen, and will be seen and felt 
for generations to come, all the evils and inequali- 
ties growingout of such systems of land monopoly. 
There are to be seen the fearful contrasts between 
the luxurious splendor of wealth, on the one hand, 
and abject want and squalid misery on the other. 
I know, sir, that, under our lav/s of descent, we 
may never expect to witness this contrast to the 
same appalling extent, yet it cannot be denied that 
enormous injustice, as well to individuals as to 
the State, must be the result of our present sys- 
tem of land policy. 

It is urged that the passage of this bill will tend 
to diminish the population of the old States by 
holding out inducements to emigration. I appre- 
hend that though this may be the case to some ex- 
tent, yet it will not sensibly affect the prosperity 
of the old States. But, sir, I cannot believe that 
the citizens of the old States would so far stifle 
the feelings of humanity as to desire to prevent 



the laborer from seeking any portion of our com- 
mon country where he could better his condition, 
and release himself from the grasp of want and 
poverty. There being but few public lands in the 
district I have the honor to represent, doubtless 
some of my constituents would seek a home else- 
where on the public lands. And, sir, though I 
might di.slike to part with them, yet I would say 
to them, " Go v/here you can find the greatest en- 
joyment and highest prosperity." Wherever 
they may locate on our broad domain, they will 
still be American citizens, protected by the same 
Constitution, under the folds of the same glorious 
flag, and united to us by the ties of country and 
a common humanity. 

I care not, Mr. Chairman, what motives may 
be ascribed to me for the support of this bill. If 
it shall only become a law I am willing that those 
who are destitute of those noble pulsations which 
should sway every man's breast in behalf of his 
fellow-man, may ascribe what motives they please. 
I have not been an unmindful observer of the hard- 
ships of the laboring man, and I thank God I 
J have a heart full of sympathy for suffering human- 
ity. Wherever I see the laboring man I respect 
him. It is no disgrace that his hands are soiled 
by honest labor. It is the essence of our institu- 
tions to respect and honor labor; and if we are ever 
to have an aristocracy in this country, God grant 
that it may be the aristocracy of free American 
labor. What little influence I may have her6 or 
elsewhere shall be exerted to promote its highest 
dignity, and to secure to it its highest reward. 
And it ia in this spirit and for this purpose I sup- 
port this bill. Vvhenever I see the poor but in- 
dustrious laborer, with a large family dependent 
on him for support, struggling against the strong 
current of adversity and poverty; whenever I see 
him tottering beneath his heavy load, as he toils 
with unsteady step up the scaffold ofthe rich man's 
edifice; or when I see him in the back ground upon 
the corner of another's farm, barely able to obtain 
a scanty subsistence, and without the means of 
educating his children, it is then I think of this hill. 
It is then, sir, that the vision of a bright, sweet 
home for that man, in the valley of the Nebraska, 
on the hill side, in the forest glade, or "where the 
prairie sparkles with flowers," rises up before 
me. 

I trust, Mr. Chairman, that we may this very 
day send this bill to the Senate, with the prestige 
of a large majority in its favor, and that that body, 
in response to the almost universal sentiment of 
the country in its favor, will act upon it and pasa 
it without delay. 



Printed ai the Congres.^ional Globe Offirp. 



SPEECH 



HON. RICHARD YATES, OF ILL., 



THE STATE ON PARTIES, THE CONDITION OF THE UNON, 
AND A PUBLIC POLICY. 



DELIVERED 



IN THE HOUSE OF REPRESENTATIVES, FEBRUARY 28, 1855. 



WASHINGTON: 

PRINTED AT THE CONGRESSIONAL GLOBE OFFICE, 

1855. 



SPEECH. 



The House being in the Committee of the Wliole 
on ilie state of the Union' — 

Mr. YATES sail!: 

Mr. Chairma.v: So.ne time ago, when the o-en- 
tieman from Georgia [Mr. Stephens] addressed 
the committee on the Nebraska question, and the 
result of the last fall elections on that question I 
was anxious to have obtained the floor for the pur- 
pose of a reply, and took notes fcir that purpose 
I, however, did not succeed in getting the floor. I 
had not wholly abandoned my purpose of reply- 1 
ing, when, on last ni.<rht, the debate spran<>- up i 
afresn, and the positions assumed by the ge° tie- ' 
man from Georgia were in substance'assum^d by i 
other gentlemen, and I determined, if I could -et i 



the floor, to give my views upon the subject. Bv 
your good favor, Mr. Chairman, I now have the 
noor, and shall proceed, not very methodically, I 
tear, to express my views. 

1 was surprised to hear the gentleman from 
t.eorgiasay, that the result ofihe elections return- 
ing to the next Congress an overwhelming major- 
ity opposed to the repeal of the Missouri com- 
promise, v/as no test of the popular sentiment of 
he free States on that subject; when, in fact, in 
the whole history of legislation, from the first 
aawnings of our national existence down to the 
present time, no public measure ever met with 
such withering and blasting popular condemnation 
as did the Nebraska bill, and its authors and 
abettors. This condemnation has swept over 
that measure and its authors like a sirocco, wast- 
ing and destroying, to stand forever, 1 trust, an 
e«ectual and perpetual admonition to politicians, 
that sacred compromises are not to be trampled 
on wuh impunity, that the great inalienable and 
eternal principles of freedom and humanity are 
no. to be sacrificed to the moloch of ambition, 
and crushed beneath the iron heel of tyrannica 

h?.'i r,"'"-'°'''i"'- - ^''' ^'••> by the results of 
those elections American freedom has proudly 
and nobly vmd.cated herself, and shown herself 
capable ot rising superior to the domination of 
political parties and aspiring political leaders. 
1 repeat, sir, I was astounded at the attempt of 



11 the honorable gentleman from Georgia to evade 
the force of this popular condemnation by the 
, plea, that the elections v/ere no test of the popular 
sentiment of the country. The speech was abso- 
[lutely novel m this fruitless adventure to gloss 
l| o\'er a defeat so palpable and glaring. It took the 
|| House by surprise, and was interesting for its 
very boldness and novelty. Ohio elected her anti- 
I Nebraska Governor with a popular majority of 
eighty thousand, and sent her unbroken delegation 
of twenty-four members opposed to the Neb^raska 
bill. Pennsylvania did almost the same; Indiana, 
I Iowa, New ^i ork, and other States almost the 
I same; and yet, sir, the gentleman from Georgia 
I asserted the Nebraska question " had nothing to 
do with ,t." Now, sir, it so happens, it is a part 
, of the history of the times— and history of such ' 
I recent occurrence, that to deny it is strange indeed, 
—that almost the only .question discussed in all 
these elections was the Nebraska bill. Every 
political paper teemed with its columns full, pro 
and eon., on this question. The old questions of 
taritt and interna! improvement were lost sio-ht of 
and the contest was fought, hand to hand and hilt 
to hilt, upon the bill of Judge Douglas and the 
Admi.iistration to repeal ihe law of 18:20, which 
had forever consecrated the Territories of Kansas 
and Nebraska to freedom. That other matters 
were brought collaterally into the contest, as they 
are in every election, I do not deny; but that the 
Nebraska question was the great, the controllinc 
the donimant question, no man can truthfully 

'7"u v^^ "'"^ ^"""^ b^^" '^«'^e "P in the Senate 
and the House at the last session. It was made 
by the oenator from Illinois, who all the time pro- 
claimed that he was ready to go before the people 
upon the merits of his bill. ^ ^ 

The issue was made by the gentleman from 
Georgia, when he aaid,at the last session of Con- 
l"?u' 1" i^^language of bold defiance, that '« the 
tT. K^ '""'"Phed on every question, when the 
issue had been made, and she would triumph 
again on this question." And, sir, when the mi- 
nority m this House, after a long and protracted 
struggle, unprecedented in the annala of congres- 



4 



^ 



Bional le^islarion, were overborne by a subversion I 
of the rules of the House, they then notified the 
majority thiU they woulil ninke their appeal to the 
people. And, sir, they made tliat appeal. Dis- 
carding all old issues, the friends and opponents 
of the Kansus-Nebraska bill met each other on the 
stump, throu2;h the press, and at the ballot-box; 
and the po|uilar decision has been emphatic and 
unmistakable. The result was the overthrow of 
an Administration which, but two years before, 
had ridden into posver upon a tempest of popularity. 
The result was a serious and l»sting back-set to 
that northern Senator, who had volunteered the 
surrender of the principles dear to the people of 
his own State, and who had trampled upon the 
sentiment which animates, warms, and sways the 
northern heart in favor of lilterlyand humanity. 
It is said that the Know- Nolhitiijs had a great deal 
to do with the result. Does this make the anti- 
Nebraska triumph less complete.' Are not the 
Know-Nothings American citizens? and if they 
cast their vote lor the anti-Nebraska candidates, 
was it not because they preferred them to candi- 
dates entertaining; opposite sentiments.' It cannot 
be contended that their vote was a mere blind force, 
so far as this issue is concerned; for how, then, 
will you explain the fact that nearly M the mem- 
bers recently elected to the next Congress are 
anti Nebraska; for, if the Know-Noihings aided 
in their election, and the vote was a blind one, was 
there not an equal chance of its falling on the Ne- 
braska side of the questi.m .' The truth was, sir, 
that not only Know-Nothings, but a large portion 
of our German and English population, hostile to 
slavery in M its forms, cast their votes, in many 
parts of the country, for the anti-Nebraska can- 
didates. 1 am most happy here to declare that, in 
our State, among the strongest opponents to the 
extension of slavery is a large part of our foreign- 
born population. , • . t • u 

But it is to the State of Illinois, to which I wish 
particularly to refer. The gentleman from Geor- 
o-ia said, iii his speech, " if there is a State in the 
North wliich may be appealed to, where there 
was anything like a contest, it \ya3 ljl)nois.^^ 
«' The Nebraska bill gained streno:th in Uhnois. 
He says that "the distinguished Senator, who 
had charge of the bill in the Senate, stood in 
front of the battle, never giving ground, never 
vieldin^ an inch; and the gallant gentleman upon 
thistloor,[Mr. Richaupsox,] who had charge of 
it here, met the people of Illinois every whereon its 
merits." Now, sir, a few fscts will show, that 
so far from an indorsement of the Nebraska bill 
bv the peojileof the State of Illinois, its condem- 
nation there was more signal and decisive than in 
any M^^^' State in the Union. If this is the only 
fountain, from which the gentleman is to drink the 
waters of consolation, he will tind them bitter to 
the taste. Now, sir, let it be recollected that, in 
l*-,o Illinois was the banner State of Democracy, 
anVthat, while all other States had at some time 
failed in the hour of trial, the State of Illinois had 
never faltered in its fealty to the Democratic^party . 
At the presidential election in ISov!, General 
Pierce carried the State by the large majority of 
sixteen thousand voles. r a, ♦„ 

Now sir, if we take the election for btate 
treasurer as a test, as the gentleman from Georgia 
did we find that Governor Moore, the popular 
candidate of the Democratic party, earned the 



election over his competitor, who was brought out 
just before the election, without any organization 
for that purpose, by the meager majority of some- 
thing over two thousand votes. 1 deny, however, 
that this was a test. The truest test was in the 
election of members to Congress; and here we find 
that the popular majority given for the anti- 
Nebraskn members for Congress was sixteen 
thousand two hundred and forty-seven. Three 
Representatives were elected to Congress favor- 
able to the Kansas-Nebraska bill, four opposed to 
it, and the remaining one is to be decided upon a 
contested election. In one district only was the 
majority for the Nebraska Ciindidate increased 
over the preceding election, and that was in the 
Q,uincy district, represented by my friend and 
colleague, [Mr. Richardson.] And, sir, though 
he, perhaps, would be unwilling to admit the fact^ 
yet, sir, 1 am well convinced that he was more 
indebted to his great personal popularity, than to X 
his position on the Nebraska question. That 
'gentleman had served his country with distin-^ 
gui.shed credit to himself in our v^ar with Mexico, 
and with great ability in the Legislature, and in 
'' this House, for many years, and also possessmg '' 
sterling qualities of head and heart, a noble and ^ 
magnanimous nature, he had a srasp upon the 
atfections of his constituents v.'hich his position ^ 
on the Nebraska question could not affect. But, 
sir, there were other elections more signal — the 
elections of members to the Legislature. I think 
1 may safely say, that during the last twelve years 
there has been no period, until now, when the 
Legislature of Illinois was not two thirds Demo- 
cratic. And yet, sir, notwithstanding only about 
one half of the Senators were newly-elected at the 
late canvass, yet we find a large majority of the 
Le"-islature passing resolutions condemnatory of 
the course of their Senators in voting for the 
Nebraska bill, condemnatory of the bill itself, in" 
favor of the restoration of the Missouri compro- 
mise, and electing triumphantly to the Senate of 
the United States a gentleman who had distiny 

I guished himself by his able and eloquent oppo- 
' sition to the Nebraska bill, and had been elected 

on that issue, in a largely Democratic district, over 
the regular nominee Of the Democratic party, by 

' a majority of two thousand three hundred and 

: twenty-two votes. 

Here, then, is the triumph of the gentleman 
from Georgia in the State where hs says the issue 
was fairly presented, and where "the distin- 
guished Senator had met the people, never giving, 
ground, or yielding an inch." Yes, Mr. Chair- X 
man, a mighty effort was made to carry Illinois;^^ 
the younggiant was there, but he was there with 
his lockscut; shorn of his strength, he was there ~* 
to meet an indignant constituency. He returned 
to that people, not as he did of yore. They had 
heaped their highest honors upon him. More 
dexterous and politic than his equals and supe- 
riors in his own party, he had got upon the cur- 
rent of popular favor in that party, whicli was ^ 
powerful and dominant in the State, and favored 
by good fortune and favorable breezes, he had 
been borne, almost without opposition, to the 

I I highest honors of the State and the nation. En- 
;' joying the full confidence of a generous and impul- 
!' sive party, such as I admit the Democratic party 

of my State to be, he had been greeted, on his 
;, return, at the end of each session, to his constitu- 



> 



etits, from his duties in the National Councils, with 
the cordial salutations of welcome. But when he 
returned at the end of the last session, he returned 
to meet a people v/hose kindness he had slit;hted, 
and -vhose repeated favors he had returned by a 
ruthless and successful attempt to destroy a sacred 
compact for freedom, which, accordino^ to his own 
declarations to them just four years before, had 
*' stood for a qiiarter of a Century, and been ap- 
proved by men of all parties in every section of 
the Union, and canonized in the hearts of the 
American people as a sacred thing, which no 
ruthless hand would ever be reckltess enough to 
disturb." The result is before the world. The 
Senator has his reward. The Allies may take 
Sebastopol, but he will never take Illinois again; 
he has had his trial in that State, and the verdict 
of an honest and high-minded people has been 
pronounced, and from that verdict he will not re- 
cover as long as "grass grows or water flows." 

There are thousands of slaveholders at the South 
who regard slavery as an evil, but who see no 
remedy for it, but to treat, it wisely and humanely, 
and who look forward, with hopeful anxiety, to 
its ultimate extinction. There is another class 
who believe slavery is right, and, therefore, they 
advocate it. For both these classes I entertain 
respect; for, sir, let a man be true to his convic- 
tions, though he believe a lie! but how shall we 
feel other than the most unmitigated contempt 
for the political schemers who, taught in all the 
inspiring lessons of freedom, in northern climes, 
where the very mountains, rivers, and skies, as 
well as the charters and constitutions of society, 
bear the mighty impress of freedom, yet " crook 
the pregnant hinges of the knee" to slavery for the 
sake of promotion and omcinl station. The slave 
himself, groaning beneath his fetters, is far more 
deserving of our admiration than the cringing, 
fawningsycophant, the northern man with south- 
ern principles. The one eats the bread of well- 
earned, though involuntary, servitude; the other 
the iniquitous wages of voluntary subserviency 
and debasement. We have found at the North 
men v/ho, at different points of time in the history 
of the slavery question, were ready to smother the 
spirit of free discussion, to trample in the dust the 
sacred right of petition, to close the United States 
mails to papers opposed to slavery, and last, not 
lea.st, to gag the mouths of the ministers of the 
living God against denouncing what they deemed 
to be wrong. I speak not of southern men, but 
of northern men, with professed southern princi- 
ples — men who, having deserted the North, would 
play Dalgetty to the South, as soon as 'thrift" in 
that direction " should not follow fawning." 

Another important thing, sir, in relation to the 
Illinois election, I state what 1 have no doubt is 
true, that the condemnation of the Nebraska bill 
would have been almost unanimous, but for the 
argument so pertinaciously urged by its friends 
in that State, that there was not the least proba- 
bility that slavery could ever exist in Kansas 
under the Kansas taws; that the slaveholder hyd 
no right to take his slave there; that the slave 
would be free the moment he got there, that -the 
laws of God, of climate, of physical geography, 
forever prohibited slavery there. They were told 
that it was not the object of the repeal of the Mis- 
souri compromise to establish slavery, but the 
great principles of self-government — and the delu- 



sive authority of Senator Badger and other dis- 
tinguished Southerners was quoted to show that 
Kansas would not become u slave State. There 
was but one opinion in that State upon the subject 
of the extension of slave Territory. The popular 
sentiment of the Stale on that question is not to be 
mistaken. No more slave 'I'erritories or slave 
States to be made out of ourcommon territories, is 
a sentiment as indelibly written upon the popular 
mind and heart of Illinois, as is beauty and fertility 
upon the bosom of her prairies. To have admitted 
that there was the least chance for the admission 
of Kansas as a slave State under the operation of 
the Kansas and Nebraska bill, was to have 
stamped that bill v/ith the seal of universal repro- 
bation. Hence, sir, the pretense, the evasion, the 
delusive argument that Kansas must and would be 
free. Why, it was asked, agitate the country for 
a restoration of the Missouri compromise, when 
it could not alter the stahts of the Territory as to 
slavery, and when Kansas must inevitably be free 
whether the compromise was restored or not .-' 
These were the arguments which enabled the 
friends of the Nebraska bill to carry with them 
the minority which they did in the State of Illinois. 
Otherwise, sir, that minority would not have been 
a corporal's guard. It was in vain that we pointed 
that minority to the locality of Kansas, with Mis- 
souri a slaveholding State on the east, and Arkan- 
sas and Texas on the south — and that the slave- 
holder of the South, with eyes ever open to behold 
and hands ever outstretched to grasp each new 
field for slave labor, would be the first on account 
of near neighborhood, to preoccupy the Territory 
of Kansas, and to write upon the tabula rasa (as 
they called it) in colors, dark and durable, the 
blackening lines of human bondage. It was in 
vain that v/e showed that shivery had eaten and 
occupied up to the very fence erected against 
it by the Missouri comf)romise, and that if that 
fence was removed, it would go over and occupy 
the consecrated heritage of freedom; it was m vain 
that we showed that there v/as nothing 'in the 
locality, latitude, soil, or climate, rendering it unfit 
for slave occupation; that slavery was as profit- 
able in the western part of Missouri, and would 
also be in Kansas, fine hemp growing and tobacco 
producing regions, as it was on the sugar and cot- 
ton plantations of the South; it was in vain we 
showed that Indiana would have been a slave 
State but for the prohibitory ordinance of 1787, 
and that her Territorial Legislature had petitioned 
Congress five times for the suspension of that 
ordinance. It was in vain we referred to the per- 
severing effort of slavery to get a foothold in the 
State of Illinois in spite of the ordinance of 1787, 
and of its so far insinuating itself into the interests 
of that young people as to array in its favor a 
respectable minority at the formation of our State 
constitution. It was in vain we urged the fact that 
it required but a few slaves, in the first instance, 
to establish the character of the Territory for sla- 
very; that a few slaves in New Orleans had made 
Louisiana a slave State; a few slaves in St. Louis 
had made Missouri a slave State; that twenty 
slaves landed from a Dutch man of war on the 
coast of Virginia, had darkened with the curse of 
slavery that old mother of States from that time 
to this. It was in vain that we referred to the 
aggressive spirit of slavery, that she wanted more 
territory, more Stales, more Senators and Repre- 



6 



sentatives, more political power, t-o nationalize j 
slavery, to make it the dominant and af?cendant > 
policy of the Government. By such and numer- 1 
ous other arguments we endeavored to point out i 
the strong probabilities of Kansas becoming a 
slave State under the operation of that clause in : 
the Nebraska bill which left tlie people of the j 
Territory " perfectly free to regulate their institu- j 
liens in their own way." 

But, sir, we wer^ met by our opponents, and ' 
the idea that slavery would go there was laughed at 1 
as an absurdity; •' it couid not get there; and if it 
did, the people would exclude it." And not only 
this, they went still further, and contended, that 
the repeal of the Missouri compromise would be 
the means of establishing freedom, not only in ! 
Kansas, but also south of the line of 30° 30'; for ' 
these gentleman had not the candor to tell the j 
people that the Missouri compromise did not, in 
the slightest degree, eftect the territory south ofi 
36^30', either forfreedom orslavery. And, sir, for [ 
pointing out these dangers of the ex'ension of sla- 
very, we were denounced as agitators, as the allies ! 
of Abolitionists and fanatics, as tli.e enemies of 
freedom and self-government, whiie our opponerts 
claimed that they were the peculiar friends of the 
freedom of Kansas and all south of 30° 30', and j 
the true friends of the country and the Union. I i 
now repeat, sir, had the people of the State of 
Illinois been impressed with the serious conviction 
that the efiect of the Kansas bill would have been j 
to ingraft slavery on the young limbs of that i 
infant Territory, I believe, sir, she would not , 
have returned a single member to Congress known 
to favor that bill. 

And now, sir, wlmt has been the result.' Scarce ' 
two months had elapsed, and the designs of the 
South were made cic-aily manifest. Kansas now 
has her Delegate on this floor, whose views, I be- 
lieve, are well known to be favorable to making 
that Territory a slave State. The second highest 
functionary in the Government, the acting Vice 
President of the United States, was, as we are 
informed, but a few months since upon the con- 
fines of that Territory, maicing harangues to the 
people in favor of carrying out liis darling project 
of southern institutions in Kansas, and erecting 
there, where free labor was to have had herliome, 
and freedom to have erected her temples, another 
■ altar to the Go(J of human bondage. There, sir, 
has been illustrated and displayed to the gaze.of 
J\r Christendom the beautiful workings of that system 
of self-government, which elicited the eulogies of 
the Senator from Illinois and the gentleman from 
Georgia. There, sir, if reports be true, the great 
question of human freedom has been decided in 
the Territory of Kans;'s, not by the people of the 
Territory who were to govern themselves, but by 
the people of another State. 

Ah ! sir, did the gentleman from Georgia, at the 
last session of Congress, when silence reigned 
>.^ along these aisles, and the people's R.epresent- 
atives gathered around him, and listening ears 
bent over these parapets, and beauty's bright eye 
'2' flashed from the galleries upon that eloquent 
Georgian, did he dream that before the moon had 
waxed and waned three times, we should have 
such a practical delineation of the great principles 
of popular sovereignty for which he contended r 
The materials of our own country were not suffi- 
cient. Ths musty records of the past were scarce 



ample enough to afford scope for his illustrations 
of the grandeur and greatness of the great princi- 
ples of popular sovereignty. He stood in Parlia- 
ment where the younger Pitt stood when hs thun- 
dered against Lord North and the tyranny of the 
British Crown tou'ards the infant Colonies. He 
ranged himself by the side of Webster, when, 
driven from Faneuil Hall, he planted himself 
upon the compromises, the Constitution, and the 
Union. Ah ! sir, here was the mistake of the 
gentleman; he fought, not as Pitt did, for universal 
freedom, for the God-given, natural and inalienable 
rights of all men, for the right of every people to 
govern themselves, but he fought for the right of 
a people to govern others; not for freedom, but for 
an extension of that sort of despotism which 
sullies cur national escutcheon, and concerning 
which Jefferson said he " trembled for his coun- 
try when he 'knew that God was just." 

I say the result is known. Kansas is on the road 
to slavery. Some gentlemen may say Kansas will 
still be free. Deceive not yourself. Without the 
interposition of Congress, Kansas is doomed, and 
doomed forever, to slavery. 

Wlien, on the 23d day of January, 1854, the bill 
for the territorial government of Nebraska was 
amended in two important particulars, one for the 
repeal of the Missouri compromise, and the other 
for the creation of two Territories instead of one, 
it was not difficult to divine what had been the 
deliberations of caucuses and committee rooms; 
it was not difficult to know that freedom had 
yielded to slavery, and that two Territories were 
to be created upon the principle of compromise — 
that Kansas was to be slave, and that Nebraska 
might stand her chance for freedom. The South 
will never coiisent that a free Slate shall come into 
the Union without a slave State is also admitted 
as a countervailing force. For every star of light 
and freedom which is to shine in our political con- 
stellation, she must have her corresponding orb of 
darkness and slavery. 

Mr. Chairman, the gentleman from Georgia, 
in a sort of rhapsody, declared the Nebraska bill 
" a great national movement" — as " a grand step 
in the progress which characterized the age." 
One would infer, from such extravagant eulogy, 
that some nev/ principle in political economy had 
been discovered, which was to constitute an epoch 
in our national progress, and to ameliorate the 
condition of the world. What does he mean .' 
The right of a people to establish slavery if they 
desire it.' This is his great national movement; 
ii can be nothing else; for the right of a people to 
govern themselves, in the true sense of self govern- 
ment, can certainly be no new principle to Amer- 
cans. This right was consecrated by the blood of 
Bunker Hill, is proclaimed in the Declaration of 
American Independence, is secured in the Consti- 
tution of theUnited States, and is now enjoyed by 
everj' S-ate of the Union. Does he mean to say, 
that a proiiibition of slavery in a Territory is the 
denial of a right of self-government.' As well 
might he say that a prohibition of orders of nobility 
was a deprival of the right of self-government. 
Will the people of Indiana, or Illinois, admit that 
they were deprived of the blessings of self-govern- 
ment, simply because they were interdicted by 
the ordinance of 1787 from establishing slavery.' 
The argument of the gentleman is, ihal every sys- 
tem of self-government is, and has been, incom- 



v,- 



plete which deprived the people of the Territories 
of the right to hold their fellow beings in bondage. 
No, sir, it is a misnomer. The gentleman mis- 
names, as self-government, what is no less than a 
denial of the first principles of justice, right, and 
humanity. His self-government means not, thati 
one class of people may govern themselves, but that 
they shall have the control of others, that the labors 
and burdens of society shall be borne by one class 
and its advantages and blessings enjoyed by an- 
other. Tell it not in Washington, not to the Rep- 
resentatives of a free people, not beneath the stars 
and stripes which float from the dome of our 
Capitol, thatour systemsof self-government in the i 
great Northwest have all been incomplete, because 
they have beenprohibited from establishing slavery 
there. This great national movement of the i 
gentleman, then, is self government for the Territo- 
ries; which, according to that gentleman, means 
to govern others, not ourselves. Under the sacred 
name of liberty we establish slavery; under the 
sacred plea of self-government we darken the 
bright domains of Kansas and Nebraska — upon 
which the stars of Heaven have, for six thousand 
years shined as free territory — with the pall of 
slavery. We ask for the right to send men into 
those fair regions — not free men — not human be- 
ings in the full proportions and God-like image of 
free men; but with the limping, halting gate of 
slaves and bondmen. This, sir, is the great 
national movement of the age. It was the boast 
of the Irish orator, that the moment a slave put 
his foot upon British soil, his chains and shackles 
fall, and he breathed the air of emancipation; but 
it is to be our boast, it is to be the ensign of our 
progress, that we have set aside the law which 
made our soil forever free, and given full license 
on that soil to establish slavery. The gentleman's 
progress is a fearful step backwards. Washing- 
ton, and Jefferson, and many of the signers of 
the Declaration of Independence, and many of 
the framers of the Constitution were slaveholders, 
but they were the purest minded men of any age 
or clime — the picked men of the world, and seeing 
the wrong and evils of slavery, they denounced it 
as the supreme curse of the country, and they 
left on record an imperishable monument of their 
detestatiorf of slavery. They imposed a duty on 
the importation of slaves, and provided for its 
prohibition altogether in a limited period after the 
adoption of the Constitution; and from the first 
territory acquired by the United States, and from 
all the territory then owned, they prohibited 
slavery by the ordinance of 1787. 

But, sir, Washington, and Jefferson, and Frank- 
lin, were, I suppose, all Old Fogies; and, not un- 
derstanding the great principles of self-govern- 
ment or squatter sovereignty, in their blindness, 
deprived the people of Ohio, Indiana, Illinois, 
Michigan, and Wi?con3in,of the great blessings 
of that peculiar self-goverrimemt for which Young 
America, in this age of Christian and enlightened 
progress, now contends. The error of the gentle- 
man from Georgia consists in the confounding of 
right and wrong, and in denying to one class all 
rights, natural and civil. I maintain that, as 
slavery is a violation of natural right, of every 
law, human aiid divine, and involves the great 
wrong of giviiig to one man the labor of another, 
sunders the dearest of human ties, separates the 
husband from the wife, and the father from the 



child; therefore, I say that to insist upon the right 
to establish slavery as an act of self-government 
is the veriest absurdity, and that the exercise of 
such a right, so far from being the act of self-gov- 
ernment, is the act of absolute despotism. 

Mr. Chairman, I am in favor of giving the 
people the broadest latitude in deciding every ques- 
tion for themselves, consistent with the Declara- 
tion of Independence, the Constitution of the Uni- 
ted States, and the well-defined principles of free 
government. And, sir, if Kansas were a separate 
empire, in no way connected with us, or bound to 
us, then, according to our policy of non-interven- 
tion in the affairs of other nations, while we might 
deeply deplore, we could not interpose against, the 
establishment of slavery, the existence of polyg- 
amy, or the legalization of any institution how- 
ever variant from our form of government, at war 
with human rights or the genius of our civilization. 
But these Territories are united to us by the closest 
relations. They belong to us — the people of all the 
States — and they propose to come in as partners 
in our great American partnership, and as States 
in our great brotherhood of confederated Com- 
monwealths. And is it nothing to us what insti- 
tutions they may have? Is it nothing to us that 
they propose to establish an institution which 
places the weak in the power of the strong, an 
institution which, from the beginning of our na- 
tional existence to the present hour, has been, and 
still continues to be, almost the only element of 
antagonism and of disturbance in our midst, and 
which statesmen look forward to as the only 
rock upon which our noble ship of State may be 
stranded. 

Gentlemen seem to forget that the Territories 
are not sovereign, that the Constitution imposes 
upon the General Government the paternal duty of 
providing for their wants, and supervising their le- 
gislation, until the sovereignty of Congress ceases, 
and that that sovereignty ceases only with the ad- 
mission of the Territories into the Union as States. 
Thus, and thus only, the power of the General 
Government ceases, and State sovereignty rests — 
and then the State, in the full exercise of that 
sovereignty, may establish its own institutions, 
and is responsible in her sovereign capacity to 
the world and to God, for any infraction of the 
great and inalienable rights of man. 

We have an interest, because we want the Ter- 
ritory of Kansas as a home for our white labor- 
ing classes. The Territories north of Texas, 
and west of Missouri, and the valleys between 
the Sierra Madre and Sierra Nevada mountains 
are the heart of the North American continent. 
There, bright streams and broad and noble rivers 
flow; fertile savannas, adapted to the cultivation 
of grains, fruits, and grapes; temperate and salu- 
brious climate; forests cleared by the hand of 
nature, and rich prairies ready for the plow; 
coal, minerals, mountains, and lakes of salt, capa- 
ble of sustaining the densest agricultural popula- 
tion, and to be the great continental thoroughfare 
through which is to pass the commerce between the 
two oceans, and the occidental and oriental worlds. 
Now, if these things be so, if these tair Territories 
are yet to be the center and heart of the continent, 
shall we tamely surrender them to polygamy, or 
to slavery, or to other institutions subversive of 
the great principles of justice, liberty, and right, 
or shall those delightful regions be the future home 



8 



of a race of freemen, successfully and gloriously 
carryina; out our great experiment of humanity 
and self-government? If slavery is permitted 
there, it is, in eftect, saying to our fifteen millions 
of laboring men of the free States they shall not 
go there, for they will not go to a State where 
their labor is to be cheapened and degraded by a 
competition with slave labor. The last census 
clearly shows that slavery drives the poor white 
man out of the Slates where it exists to the free 
States, and that the emigration from the slave to 
the free States is three times greater than from 
the free to the slave States. By the repeal of the 
Missouri compromise, the high wall erected by 
patriot sires and patriot hands was leveled to the 
dust, and the fair domain upon which freedom 
had fixed her hopes, and where freedom had hoped 
to find a home, is to be the abode of slaves and 
bondmen. As a friend of free American labor, I 
am utterly opposed to all such schemes to make 
slave territory of that which our fathers, by a 
solemn compact, dedicated to freedom. 

The gentleman from Georgia is bold enough to 
array statistics to prove that one slave State, out of 
the whole number, has arisen superior to the diffi- 
culties by which she is surrounded, and to com- 
pare her progress with those of the free States. 
Let me say to that gentleman that his State is an 
exception to the South; she manifests some spirit 
and .enterprise akin to those of her sister free 
States. It is highly creditable to her that the 
indomitable energy and unfaltering public spirit 
of her citizens has borne her onward on the tide 
of prosperity in spite of her slavery. But let me. 
say to him, had slie pursued that policy which the 
wise and good men who founded her colony and 
administered her early affairs advocated; had she 
eschewed slavery, and relied upon the hardy arms 
of free white labor, where now she grows her one 
bushel of wheat, she would grow her two bushels; 
and where now she has herone thousand miles of 
railroad, she would have her two thousand. It is 
not in one of the free States, but in all the free 
States, where the life-inspiring and energizing 
power of free labor has carried commerce to its 
full development, and successfully prosecuted all 
the arts of industry and peace. 

In 1S31, I removed from the State of Kentucky 
to the State of Illinois. At that time Kentucky 
had a population of six hundred and ninety thou- 
sand souls; Illinois was then almost a wilderness. 
A few counties in the State were thickly settled, 
but the prairie, for the most part, bloomed in its 
native wiklness. The settlements were confined 
to the forests which skirt her water courses, "or 
were hugging closely around the groves which 
intersperse her prairies. And now, sir, in the 
brief space of twenty-three years, Illinois, under 
the giant power of free labor, has marched up to 
the side of old Kentucky, and wliile Kentucky 
has but her ten Representatives on this floor, Illi- 
nois already has her nine, and in the next decade 
will, in all probability, have twice the number of 
her sister State of Kentucky. Is not the compar- 
ison fair.' Where is the State of richer soil, of 
braver hearts or stouter hands than those of old 
Kentucky .' 

We are interested, also, upon the score of equal 
representation in the Government. While we 
acknowledge the constitutional obligation to suffer 
the I'epresentation of slaves in our Federal Legis- 



lature, so far as the original States are concerned, 
yet, sir, we never agreed to adopt this principle 
as to subsequently acquired territory and nev<iy 
admitted States. The State of Maine has twice 
the white population of the State of South Caro- 
lina, and a fraction 7.350, and yet, sir, Maine and 
South Carolina each have an equal number of 
Representatives on this floor. Will the free States 
willingly submit to the establishment of a system 
in our Territories, which will make one man in a 
slave State the equal of two in a free State, which 
destroys our political equality, and dwarfs down 
the citizens of our northern free States into the 
mere fractions of men. 

I wish now to make a remark as to the purpose 
which it was avowed was to be carried out by the 
principles of the Nebraska bill. The plea for 
that bill was that the Missouri compromise had 
to be repealed to carry out the policy and prin- 
ciples established by the compromises of 1850, 
especially in the Utah and New Mexico bills, 
flave they done this.' Now, sir, under the Kan- 
sas bill, the people of the Territory may, at any 
time, as soon as a Territorial Legislature is elect- 
ed, establish or prohibit slavery; and yet, sir, the 
Territories of Utah and New Mexico were pre- 
cluded from the exercise of any such power, 
until they come to form their State constitutions, 
preparatory to their application for admission 
into the Union. This was the principle estab- 
lished in 1850. 

But, sir, the Kansas bill and its advocates went 
further, and empowered the people of the Territory 
at any time to establish slavery. And it is under- 
stood now, is it not, that the Legislature of Kansas 
may establish slavery at any time.' 

Mr. KEITT. Yes. 

Mr. YATES. Then, sir, here is a greater 
power conferred on the Territories than upon the 
people of any one of the sovereign States of the 
Union. The different State conventions were 
afraid to trust so important a pov/er to their Legis- 
latures, and slavery cannot be established now in 
Illinois, or any other State, without calling a con- 
vention and changing her constitution — her organic 
law. 

Mr. KEITT. Did not the people %)f Illinois 
themselves make that organic law to which he 
alludes, and did they not by that organic law 
restrict the Legislature.' Congress had nothing to 
do with it. 

Mr. YATES. Yes, sir, the people of Illinois 
made that organic law, but they were required to 
do so by Congress — by the ordinance of 1787. But 
the point I make is this, that there can be no 
doubt of the power of Congress over the subject 
of slavery in the Territories durir'g the Territorial 
existence, or until those Territories come to make 
their organic law, and to exercise the powers 
necessary to constitute them sovereign States. 

Again, the legislation of 1850 expressly provided 
that every act of the Territorial Legislatures of 
Utah and New Mexico should be first submitted 
to Congress for its approval or rejection. But, 
sir, this provision is omitted in the Kansas bill. 
The Legislature of that Territory may establish, 
by law, polygamy, slavery, or any other wrong 
institution, but Congress has na supervisory 
power or control over any such law. 

But, again; the principle established by the acta 
of 1850 was, that in Territory from which slavery 



was excluded by positive law, Congress would 
not repeal that law, so as to give slavery the right 
to enter previous to the time of the establishment I 
of a State constitution. The strongest ground f 
urged by Mr. Webster against the application of j 
the Wiimot proviso to the Territories of Utah and i 
Nev/lVIexico was, that there was no necessity for 1 
such application, because those Territories were 
already free by the acts and edicts of the Mexican 
Government. And 1 am prepared to show, upon 
the authority of Senator Douglas, as late as ; 
January 4, 1854, that to repeal the Missouri com- j 
promise would be a departure from the principles \ 
contained in the acts of 1850. When Senator 
Douglas, as.chairman of the Committee on Terri- ! 
tories, first introduced into the Senate his bill, it 
was silent on the subject of slavery, and said not 
a word on the subject of the repeal of the Missouri 
compromise. He accompanied that bill with a 
report, and in that report he gives his reasons why 
the bill did not repeal the Missouri compromise. 
In that report he says: 

" Your commiltee lio not feel themselves called upon to 
enter into the dijcu.ssion of these controverted questions. 
They involve the same grave issues which produced the 
agitation, the sectional strife, and the fearful struggle of 
1850." ******* 

" Congress deemed it wise and prudent to refrain from 
deciding the matters in controversy then, either by affirming 
or repealing the Mexican laws, or by an act declaratory of 
llie true intent of the Constitution and the extent of the 
protection afforded by it to slave property in the Territories; 
so your committee are not prepared now to recommend a 
departure from -the course pursued on that mi^niorable occa- 
sion, either by affirming or repealing the eighth section of 
the Missouri act, or liy any act declaratory of the meaning 
of the Constitution in respect to the legal points in dispute." 

Now, Mr. Chairman, here Senator Douglas 
informs us that, as in 1850, Congress refrained 
from repealing the Mexican law by which slavery 
was prohibited in the Territories of Utah and New 
Mexico, so now (on the 4th January, 1854) it 
would be a departure from the principles of the 
acts of 1850, to repeal the Missouri compromise, 
which prohibited slavery in the Territories of 
Kansas and Nebraska. And yet, sir, in nine- 
teen days from that time, on the 23d day of 
January, 1854, we fitid the Senator introducing 
into his bill an amendment repealing this same 
Missouri compromise; and thus violating the prin- 
ciples of the acts of 1850, which he professes to 
be so anxious to carry out. Thus I have shown 
that the principles of the Kansas bill are in every 
material aspect, variant from the principles of the 
acts of 1850. The plea that the object of the 
repeal of the Missouri compromise was to carry 
out the principles, of the acts of 1850, is, then, a 
mere hollow and hypocritical pretext; a pretext 
which I have exposed; and I leave it, sir — the 
whole fraud — exposed to the sunlight, and pal- 
pable to the simplest comprehension. 

Mr. Chairman, where is this doctrine of popular 
sovereignty to lead to? If Congress can have no 
control over the institutions of the Territories, 
and if she is bound to admit into the Union every 
Territory which presents a constitution repub- 
lican in its form, what, sir, is to be done with the 
Territory of Utah, when she knocks at the door 
of Congress for admi.ssion into the Union.' 

A new paper has just been started in the city 
of New York entitled "The Mormon," and the 
first number of which has been sent to each mem- 
ber on this floor, from which I read the following 
extract : 



" We are not ashamed to proclaim to this great nation, 
to rulers and people, to the President, Senators, legislators 
and judges, to high and to low, rich and poor, prietts arid 
people, that we are firm and conscientious believers in 
polygamy, and that it is part and parcel of our religious 
creed." 

Now, sir, if each Territory is to have the unre- 
stricted rightof deciding for itself what its domes- 
tic institutions shall be, then v/e are bound to 
receive into this Union Utah with a constitution, 
or laws, or usages, tolerating polygamy. Here, 
sir, is an institution which is at war with the ge- 
nius of our laws, our civilization, and Christian- 
ity; which virtually annuls the Bible-taught and 
Fleaven-ordained institution of marriage itself; a 
crime more destructive to the morals and well- 
being of society than the crime of larceny, than 
horse-stealing, or highway robbery. It was highly 
gratifying to see Congress at this session, by its 
vote on the bill to make donations of the public 
lands to Utah, stamp with the sea! of its reproba- 
tion this embryo outrage. And Congress will 
prove derelict to itself, to the country, and to the 
civilization of the age, if it does not promptly re- 
buke and suppress this crime of polygainy. Let 
the people of Utah understand, now and forever, 
that if they propose, under the sanction of law or 
usage, to practice an immorality which is shock- 
ing to the sense and moral feelings of the civilized 
world, that they must seek another Territory in 
which to do it. I am not in favor of making any 
Territory of the United States which proposes to 
come into this Union, a brothel. Let Utah under- 
stand, that if she expects a dollar from the Federal 
Treasury, or an acre of the public lands, that she 
must deport herself with the decency and propri- 
ety which become a civilized and Christian people. 
And I now wish to say, that should 1 happen to 
be a member of this body when Utah presents 
her constitution preparatory to her admission into 
the Union, I shall vote against her admission if 
that constitution, or her laws, or her usages, tol- 
erate the beastly and prostituting crime of polyg- 
amy. Unless she clears her skirts of this crime, 
I would keep her out of the Union forever. As 
the guardian of the Territories, it is the duty of 
Congress to provide against the existence of that 
institution in that Territory, and thus save that 
Territory from the pauperism, and misery, and 
thedepreciationof publicand private virtue, which, 
if not provided against, is to leave a lasting im- 
press upon that people to the latest posterity. 

Thegentleman from Georgia says that this prin- 
ciple of squatter sovereignty is right, and otaght 
" to prevail universally wherever the American 
flag floats;" that every community ought to have 
the uncontrolled right to make just such laws and 
institutions as may suit them. Now, sir, I believe 
slavery ought to be abolished in the District of 
Columbia. The Metropolis of a great nation like 
ours should be free; the footsteps of no bondman 
.■should tread the soil which is dedicated as the 
capital of a nation, whose struggles for existence 
were conducted under the sacred name of liberty, 
and whose high mission is to establish the great 
principles of human equality, to vindicatethe rights 
of man, and to prove the great problem of human- 
ity — the ca[iacity of man to govern himself. No 
human being in slavery should ever be permitted 
to gaze upon our flag, and shake his chains and 
shackles in mockery of our system of boasted 
equality. Now, sir, entertaining these sentiments, 



10 



suppose I were to inlroiUice a bill providing that, 
at. tlie next election for municipal oliicers in George- 
town ami Washington, polls shoulil be opened in 
every wani, and the pei^ple of" the Distiici should 
be left perfectly free to decide, in their own way, 
at the ballot-box, whether slavery should longer 
exist in tiie District? Would the gentleman from 
Georgia vote for it? Sir, should I bring in a bill 
referring the question of the existence of slavery 
in this Dis!trict to a vote of the people, 1 should be 
denounced the land over as an agitator, a ftinatic; 
and, instead of being considered thereby the friend 
of popular sovereignty, I would be decried as a 
deadly foe to the peace, concord, and welfare of 
the country; while, on the other hand, t\\e gentle- 
man who proposes to abrogate a soleiviu compact, 
which makes aTerritory free, and toopen thatTer- 
ritory to the incursions of slavery, is to be hailed 
as a national man, a Union man, and the great 
champion of popular sovereignty ! 

Mr. IvElPT. I would ask the member from 
Illinois whetl'.er he would or not vote for a bill re- 
mitting to th.e inhabitants of the District of Colum- 
bia the power"to determine the existence of the in- 
stitution among them? And whether, if they voted 
for its abolition, he would vote for the bill on the 
ground of the right of the inhabitants of the Dis- 
trict ? 

Mr. Y.\TES. Mr. Chairman, I never yet said 
that 1 was in lavor of uun'stricttd popular sover- 
eignty in the Territories; but 1 do believe that sla- 
very ought not to exist in this District. I believe 
tlint Congress has the same power over this Dis- 
trict which the Legislature of the State of Illinois 
lias over that State — complete and plenary sover- 
eiiTuty in the mariagement of all its civil policy. 
Hence, I believe it has power to abolish slavery in 
the District of Columbia, and should a bill be in- 
troiluced into Congress submiuing to the people to 
decide whether they would have slavery, I should 
vote for it. But 1 wish to state further, that should 
that vote result in the emancipation'of the slaves, 
then I would also be in t'avor of Congress paying, 
to the full value, for every slave in the District. I 
am not in favor of injustice. The question I ask 
is, w^hether these gentlemen would be in favor of 
carryinji out this principle of populai- sovereignty ? 
They teil us that self-government, that popular 
sovereignty should prevail wherever the American 
flag floats. That was the language of tlie gentle- 
man from Georgia. Are these gentlemen in favor 
of the people of this District decidinythe question 
for themselves ? for surely your tlag tloats liere, or 
ought to float here, as proudlv as anywhere else. 
Ah, Mr. Cliairnuin, here is the rub. Whenever 
it is proposed to make slave territory out of free 
territory, then popular sovereignty is a sweet and 
delightful thing. 

Mr. KEirr. I would ask the member from 
Illinois whetlier, whenever free territory is to be 
made out of slave territory by vote of the people, 
he is not tor popular sovereignty? 

Mr. YATES. That takes me out of the line 
of remark that I intended to make, but I will an- 
swer the gentleman. And I alBrm, sir, tliat in my 
estimation, there is a clear distinction to be drawn 
as to the objects and powers of our Government, 
and that, according to my view of the case, our 
Government may oroperly and constitutionally go 
to almost any limit in promoting the great prin- 
ciples of freedom, but eaiinot go one step towards 



I the e^t;U)lishment of slavery. Hence, sir, I con- 
' tend tliat the Nebraska bill, repealing the law by 
which slavery was already prohibited in the Kan- 
sas-Nebraska Territory, and opening that Terri- 
tory to the incursion of slavery, was directly at 
war witli the genius, objects, and mission of our 
Government. 

I cannot better illustrate my meaning of the doc- 
trine of popular sovereignty than by referring to 
a democratic princi[ile which was evolved by the 
Revolution. The great principle was then decided 
that taxation and representation should go hand 
in hand; and yet now, that principle is totally 
subverted by the Kansas-Nebraska bill. For, 
sir, all tiie States — the people of all the States — are 
taxed in the purchase of our Territories, in erect- 
ing public buildings for the Territories, in paying 
the salaries of their Legislature and all their public 
ofiicers.and in defraying all the expenses of their 
territorial governments; and yet, sir, the people 
of all the States, though thus taxed, are to have 
no voice in the affairs of the Territory, and must 
tamely submit to the establishment of any insti- 
tution, whether it be slavery, polygamy, canni- 
balism, or other wrong thing, which a few first 
settlers may deem it proper to impose. 

Mr. KE'lTT. I do not wish to be unkind to 
the gentleman from Illinois, but was he not an 
anti-Nebraska candidate at the hast election, and 
defeated r 

Mr. YATES. I thank the gentleman for the 
question, and I reply, I was a candidate, and was 
defeated. But, sir, my district is largely against 
me in politics. It gave General Pierce nearly 
twelve hundred majority, wliile 1 only was defeated 
by the meager majority of two hundred votes; and 
those conversatit with the facts, I believe, would 
inform you, that but tor local divisions in two of 
the counties in my district, I should have been 
returned here by a handsome majority. 

Mr. Chairman, we are now at a turning point, 
a crisis in the history of the American people; 
and the action of the next Congress will decide 
the question whether slavery or freedom will be 
the dominant policy of the Government. If the 
next Congress shall fail to restore the Missouri 
compromise on the statute-book, then, sir, we 
may from that time date our Government as the 
avowed apologist for slavery, and need interpose 
no further barriers to tlie aggressions of the slave 
power; they will be vain. The triumph of the 
slave interest now, is its triumph forever. 'It is not 
enough that since the formation of the Constitu- 
tion of t!ie United Slates, nine slave States should 
have been brought into the Union, while only 
eicht free State-s have been admitted; it is not 
enough that free States quietly submit to non-in- 
tervention as to slavery in the slave States; it is 
not enough that they yield their assent, though a 
reluctant one, to slavery in this Disirict; it is not 
enough that the free S:ates should be made to do 
the servile work of arresting and returning the 
poor fugitive, who is in tlse pursuit of freedom, to 
slavery; that the sacred rights of Magna Charts, 
trial by jury, and of habeas corpus, should be 
denied him ; it is not enough that our oiricers should 
be paid a higher t"ee for deciding against a slave 
than for him; and tiiat norchern courts should be 
made the unwilling instruments of sending back 
the slave to chains and liopeless bondase — but the 
i Territories, which are the property of the whole 



11 



people, are now to be declared open to the incursion 
of this blig'iUing: evil. 

After the free SuUes had yielded to the masterly 
and persuasive eloquence of Mr. Clay and Mr. 
Webster, and consented to the adojHion of the 
compromises of 1850, under the conviction that 
the fearful controversies of the slavery question 
would be forever put to rest, and the acts of 
finality and conciliation were ratified by both the 
great national parties, and by the people in almost 
every section, still southern slavery and northern 
servility were insatiate, and under the false and 
fraudulent pretense of carrying out those compro- 
mises, unsettled ami broke them up by a death 
blow at the very finality they had established. 
Even yet slavery must have more power, more 
extension, more patronage. Freedom had been 
written by the Missouri compromise on the soil 
of Kansas, on her hills and valleys, on her prairies 
and noblestrenms, on the sky above and the earth 
beneath, ar.d Kansas, like our Northwest Terri- 
tory, was, in all time to come, to be the endiuing 
and happy home of freemen, free labor, and free 
institutions. But, sir, even that aacred compact 
was no obstacle to the demands of the slave power, 
and ruthless and reckless hands have been laid 
upon it, and slavery now goes undisturbed to 
occupy those fair and delightful regions. 

And, sir, now slavery has its longing eye on 
California, on Utah, and New Mexico. She is 
calculating on four slave States in Texas. Cuba 
looms up in her vision, and is to be considered 
cheap at any number of millions of dollars cape^ble 
of enumeration.- Mexico and Central America are 
also in the prospect, and over.«tepping the bar- 
riers of the continent, her in.satiate eye is re;>aling 
itself on the States of the southern continent. 
But, sir, that we may further discern the signs of 
the times, look at the things which are passing 
before our eyes. During the last session of Con- 
gress, some of the distinguished men "of the South, 
in both political parties, have gone so far as to 
maintain that slavery was a positive good; that it 
was Bible-taught, and Heaven-ordained; that it is 
a political, social, and moral blessing; and to be 
consistent, they not only advocate its extension 
into the common Territories of the United Slates, 
but many have gone so far as to advocate the re- 
peal of all laws for the suppression of the African 
slave trade. This startling proposition has been 
broached even in the Senate of the Uiiited States. 
Leading papers of the South, the Richmond Ex- 
aminer, and Charleston Mercury, have taken open 
ground in favor of the African slave trade; yes, sir, 
in favor of the revival of ihat trade which ii! now, 
by the laws of the United States, declared to be 
piracy, and is deservedly punished vvilhdeath,and 
is regarded with horror throughout the civilized 
and Christian world. 

Yes, Mr. Chairman, the question now rises up 
before us — a present question, not to be avoided, 
but to be met — whether slavery is to be nation- 
alized; whether the spread of slavery is to be the 
chief concern arfd lending policy of this Govern- 
ment; whether it is to have the political ascend- 
ency in the Government; whether it is to be the 
figure-head of the ship of State, and whether a 
trade of unequaled barbarity, shocking to the j 
senses of mankind, is to be revived under the full j 
sanction of our General Government? 

Mr. Chairman, when such were the phases of i 



the slavery question presented to the people of the 
free States during the last elections, is it a won- 
der, sir, that they gave such unequivocal expres- 
sions of their condemnation of the repeal of the 
Missouri compro.Tiise? Why, sir, the people of 
the free States voted against the repeal of that great 
lav/ of freedom as naturally afe water flows to its 
level or the sparks fly upward. No power, how- 
ever great, can subvert the eternal laws of nature. 
And, sir, no names, however distinguished, or 
party, however pov/erful, can suppress the God- 
given impulses of the hi)inan heart in favor of 
liberty and humanity. The sentiment of opposi- 
tion to slavery in the free States is a God-given 
and God-implanled sentiment. A man like the 
Senator from Illinois, the leaderofa powerful party, 
may do much; an .'^idministration, with one hun- 
dred thuusand offices at its disposal may do much; 
but woe to them, if they ask American freemen to 
lay their consciences in the dust; and to vote for 
slavery. The false and delusive cry of popular 
sovereignty may deceive some, but the thinking, 
unprejudiced, and uncowering masses saw no 
other reason in the repeal of the Missouri compro- 
mise but the extension of slavery, and the ballot- 
box has written a fearful sentence upon the ill- 
advised attempt to trample in the dust a sacred 
compact, and toe.xtend theareaof human bondage. 
The earliest impressions of my boyhood, were 
that the institution of slavery was a grievous 
wrong, and with riper years tliat sentiment has 
become a conviction deep and abiding, and I should 
not be true to myself did I not oppose this insti- 
tution v/henever 1 can do so consistently with the 
Constitution of my country. And here upon these 
declarations, now in these the lawt days of my con- 
gressional career, I )3lant myself, and shall abide the 
iysue. And, sir, 1 have no fears for the future — 
m the clouds of the present 1 see " the brightness 
of the future." This sentiment of opposition to 
slavery is a growing, a rising sentiment; it is the 
sentiment of the Declaration of American Inde- 
pendence, and it will stand bold, dominant, defiant, 
and rising and flaming higher and higher, as long 
as that proud charter of American liberty shall 
endure, or freedom find a home in the human 
heart. 

Mr. Chairman, I am no statesman. I arrogate 
no such claim; but were I called upon to point 
out a public policy for my country, I sliouid adopt, 
as great cardinal principles — 

1. No interference b}' Congress with slavery in 
the States. 

2. No further extension of the area of slavery. 

3. No more slave States. 

4. The abolition of slavery in the District of 
Columbia, and wherever else it can be constitu- 
tionally done. 

5. The rights of trial by jury and habeas corpus 
in all cases, and in the State where the arrest is 
made, as well as in the State from which the 
escape is made. 

6. A homepn the public domain for every land- 
le.^s American citizen, American or foreign-born, 
upon condition of actual settlement and cultiva- 
tion for a limited period. 

7. The improvement of the harbors of our lakes 
and the navigation nf our rivers by appropriations 
from the Federal Treasury. 

8. A tariflT for revenue, with incidental protec- 
tion, and specific duties, discriminating in favor of 



1^ 

articles the growth aiul nianu!"!uMmo oi our own , 11. The encouran:ement by liberal appropria- 

countrv. tions from the Treasury, ami donations of public 

♦). Liberal donations of the public lands for the land^ tor agriculture, the mechanic arts, ami sci- 

construction of railroads, secunnjj to the Govern- encss. 

nuMU the full price for the san\e by reserving These, sir, are the leadina; features of a public 

alternate seclu>ns and doubling the price therefor. y ^^.,,;^,^ ^^.^,^j,j ,p.j[,^. ,.,.^,,,.„ (,„r nation 

10. A more lUst and humane policy towards ' . • . , , ,.' ,. 

the Indian tn'oes, surrounding them with U»e with prosperity and glory, far transcending every 

iutluences of Christianity and civilir.ation. , people of ancient and modern limes. 



SPEECH OF 

HON. RICHARD YATES, 

DELrVERID AT THE EErUJSLICAN EATrFIGATION MEETING, OF TCTB CITIZEJTS OF 
aANGAMON COUNTY, IN THE HALL OF THE HOUSE OF KEPKESENTATITES 

SPRINGFIELD, JUNE Tth, 1S60. 

Hon. Richard Yates, Republican candidate crrvt, as u-cll as Whig „r Republican, upon tlw 
for Governor, on bonig in rodu'ccd to the audi- fact that that convention has presented to you 
cnce by the cha.nnan, Capt Jas N Brown, a platform, patriotic, conservative, national, 
was received M-ith a cheer hat made the whole broad enough for all eood men to stand upon 
State House rmg. He spoke at hrst with difii- in every section of this great Union-North a.id 
culty and in a very moderate tone, evidently South, East and West; and fellow ! citizens 1 
from the cflect of previous labor on the stump, have not the least doubt that thai platform of 
As he warmed, however, his voice swelled to its principles will receive the triumphant vindication 
usual full, sonoroustone, and he proceeded with of the American people. I Applause ; 
his characteristic vitror. ' * ' ' '^ ^' 



THE NO.MlNEK. 



m, l^S:.Trr ■ V n , ■ ^ '"■'j*^^'*^ ^''^-^ ^^'1"^' ^'^^''''^r.s, that that Convcn- 

ri^Rrfron fnl"' ■■>.""' r'"'^'-^- ^'''?"'"^'^"- t^^'^ ^'^^ presented to you a ticket worthy of your 
Capt. Brown, on taking his seat, said m eloquent entire, undivided supmrt. They have presented 

AnflTslt'n fa : r' ^1"^' '^"'' ^-'^ '^''"^"T"" ^" ^"'•' ^^ ^ -"^=^^=^^^" *- ^^e Presidency "f 
And IS It not a proud day, a glorious day, a day United States a man whom you know personally 
of checnng, a scoum> of unbounded delight to know to be an honest man an incorruptible 1^ 

Y.?fHl ''"v "''^''"^■'"''\'-- f:'Yc'«." "y«^^-"] triot, a man whose broad and s a 1 an-l ko 
Yes, fellow citizens, you are Inghly honored, for views, noble character and high:; abilities ha « 

the honle of the next President of the United ence to some of the greatest statesmen of thi. 
States. [Applause and cries of ''good, '' nation, or any other nation ; and felWcitizen.s 

^ ' ^ ^„^ ^^ ^^^^^ the manifestations of public approbation 

THE OENEKAL Kvmusi.vsM. wiucharc cvervwhcrc made throughout t ha 

Fellow citizens it is not here alone, but length and breadth of his a S IWno es 

lllnoif ;';'Z nm-' t'T'''' f.l'''^^'\'' f ^'-'"-yi^Sthat the candid thrn'iu^'^^^^ 
ii\»?^ h! T ^\\r :y ''^ • ^ ^V ••^l^'-vsh, will be gloriously, triumphantlv elected [sreat 
to the banks of the M.ss.ss.ppi-from t^airo to enthusiasm, and cri.s of ''iluna'h for (Id Abe H 
Dunle.th, the same interest and the same en- In fact, felbw citizens/wl i^ da I Ld thJ 
thusiasm, is to be met, which 1 see manifested honor in this hall of taking the hand of \bra 
hero to-day. It was but Saturday that we had as ham Lincoln, I felt conf ent ves perfectlv s^^^^^^ 
large or. a larger crowd than this at Lincoln, in thatlwas shakin-AhXndof th^,^.\l ^ 
Logan county. It was but yesterday that the of the Uni SSu i ^^^ ^^ 

v^arnnviuc \^ t can speak lellow citizens to the or other had the feelin'- that honest Old Abo h^.l 
Tolty^ r%''''' ^'"" '"' ^^^'« *" '^'-''^ the honor of shak ng t?i 1 nT f th n;x Go^ 

WHO IS AKKAIIAM UVCOI.V V 

Iund.stand^^;ZSnhas> 
the object of thi.s large gathering of the people nation as this should come to Z is forTts^R^^^^^^ 

asineyare present, s to r.atfy the nominations look to this far-away Prairie State for itq st-in- 
made at the Na lona Republican Convention at dard bearer in such" a momentous contest If 
Chicago, and the platform there adopted I vou arc surnrispd .<• ihl^^ T contest. 1 

give y„,, joy ^, f„„„„. eiton.-! .^^.t^J. io" LTSa^tln*; -'.^."^iX, 71"t 
you my mends. 01 all poM.cal p.,rtic.,-D«„,„. c«usc yo„ have been in Ihe ^1*1! of 1,,1'n.. 



at him as men look at mountains who live country, and destructive of those glorious free 
close at their bases, losing sight of their institutions which have been transmitted as a 
grand outline, unaware of the majestic pile priceless legacy by our fathers to us their chil- 
that towers almost over-head, while tliose dren. [Applause.] 
at a distance measure all its great the discordant element. 

proportions with just admiration. We do not Now, the only element of antagonism and dis 
rctlect that no splendor of eloquence, no power cord among us, from which any danger has been 
of argument, no combination of shining quali- apprehended to our free institutions in this coun- 
ties can make a man more than a m^n, and we try, is this very element and question of slavery, 
expect to find these qualities only in a sort of That question is no respecter of persons, or or- 
EUperior being to ourselves. Yet, I say here to ganizations, political, civil, moral or religious, 
day, that I liave heard the great men of this It laid its iron grasp upon one of the most ex- 
nation north and south, east and west, for four tensive and powerful of the religious denomiiia- 
consecutive years in the Hall ol^the House of tions of this country, and rent it in twain, run- 
Representatives, and in the Senate of the United ning a ]\Iason and Dixon's line between brethren 
States — I have heard the Stephens and Toombs and christians. In 1854 it laid its mighty hand 
of the South, the Sewards, Chases and Corwins upon that once powerful political organization, 
of the North — I have heard the most renowned the old Whig party, and by the attempt to re- 
orators on the floor of the Senate and House peal the time-honored Missouri Compromise, 
daily for years ; and I say here to-day, that for that party which had stood the shock of so 
clearness of statement, for penetration of many defeats and the wear of so many years 
thought, for power of irresistible logic, for broad, uninjured, was rent asunder and destroyed, 
comprehensive, statesman-like views, for exalted And recently in .the Democratic Convention at 
purity of private and public character, your own Charleston, the same irresistible hand was put 
Abraham Lincoln is the clearest, noblest, purest forth, the same element of discord appeared, and 
and best of them all. [Great and prolonged ap- it rent violently in twain that once proud, pow- 
plauso.] In the history of his life — in all the ful and victorious party, scattering it into frag- 
elements which inspire with enthusiasm the ments which can never, never again be re-united 
hearts of the masses of mankind and rouse the — and so the Democratic party passed away 
millions to action, I stand up here to-day in this with a great noise. [Great applause and laugh- 
the Capitol of the State and in the presence of ter.] 

my countrymen to say that the name of Abra- the democratic party. 

ham Lincoln is this day and hour the mightiest Now, if time permitted, and 1 had strength 
name upon the continent of North America, of voice and body, I would attempt to pre- 
[Prolonged cheers.] sent briefly the present position of that par- 

wiiY ARE WE here ? ty, and their guiding principles, so far as they 

We have not come here, fellow citizens, to re- have any principles; and I would compare them 
joice over our Democratic friends, because that with the principles of the Republican party, 
party is disbanded, because it is belligerent, be- that we might see the relative positions of the 
cause it has broken up at Charleston and gone two great parties that are now presenting their 
into liquidation [laughter] ; and because we are candidates for election in November, 18G0.— 
a harmonious, united and powerful party march- In speaking of the Democratic party and its 
ing onward with our banners full high advanced principles, I wish it most distinctly to be under- 
to glorious triumph — not at all. We come ^o^s.tood, that I do not refer to that glorious old 
speak to all American citizens, whatever may Democratic party of which General Jackson 
have been their political antecedents, to present was the war-horse and chieftan — that old party, 
to them the platform of our principles; we come whose motto was " Equal Rights and Universal 
to argue, to reason with them to-day in the spirit Freedom," [applause] upon whose banner was 
of kindness and conciliation; to say t6 them that inscribed the flaming words of "Liberty, Equal- 
we believe freedom is better than slavery, that ity, and Fraternity ;" whose triumphal march to 
free territory is better than slave territory ; we power was over the wrecks of prostrated banks, 
come to present to them our views and plans chartered monopolies and favored classes, whose 
and arguments in favor of free homesteads upon devotion to the Union was so great as to be 
our broad pubUc domain ; we come to utter our sealed by the great oath of their chieftain, "this 
voice for the Pacific Railroad— that great con- Union must and shall be preserved." [Renewed 
tinental thoroughfare between the Atlantic sea- applause.] Although a Whig, I regarded that 
board and the Pacific Ocean ; we come, too, party as earnest, firm, consistent, patriotic, nev- 
heart and hand in favor of that argument em- er giving an inch, never giving ground even to 
braced in our platform for the preservation for- John C. Calhoun, or to any of the pro-slavery 
ever of the union of these States ; we come to nullifiers and disunionists, north or south, 
show them that the party to which they have But, fellow-citizens, with General Jackson 
belonged, the Democratic party, has been rent died that Democratic party, and since his de- 
in twain bv the irrepressible conflict of Northern parture from the seat of power, it has descend- 
and Southern opinions— that both the Northern ed through the Van Burens, and Pierces, and 
and the Southern wings of that party entertain Buchanans, until now it is proposed to place the 
sentiments hostile to tlio best interests of our sceptre of presidential power in the hands of 



mere political dwarfs. [Cheers and laughter.] vor of the revival of the African slave 
And the principles of that party — good heav- trade and a congressional slave code 
ens ! what mortal man shall now attempt to for the territories ; for the acquisition of Cuba, 
describe the principles of the Democratic party Northern Mexico, Central America, and the un- 
of 1860 ! [Renewed laughter.] The confusion limited recognition and expansion of slavery 
around the tower of Babel affords but a feeble wherever the American flag floated or could ever 
illustration of the confusion worse confounded float, either upon land or sea. This party, as I 
tha.t reigns in the piebald and ring-streaked and understand it, was all nigger. [Great cheers and 
striped, the diverse and conflicting; the slave- laughter.] At all events they spoke about noth- 
driving and polygamy-nursing, the died-in-the- ing else. They said nothing about free home- 
, wool and sold-to-the-cotton, Locofoco party, steads for the people — or any other similar 
" [Roars of laughter and cheers.] branches of legislation. The only discussion — 

' THE cnAKLESTON CONVENTION. at Icast the main discussion by this great party 

"Why, recently, after a great flourish of in council was the negro question. 
trumpets — after traveUng many hundreds democratic inconsistencies. 

of miles, by land and by sea, away down But this is not the only difficulty. That party 
to Charleston— after a convocation of the is not only divided into a Northern and a South- 
sachems or wise men of the party, and an anx- ern wing ; but we cannot find a single member 
ious deliberation of ten days to find out their of the Northern Democratic party who agrees 
principles and throw them into a platform which with himself Senator Douglas at Freeport tells 
might be adopted by the party, they failed to us that slavery cannot exist in any territory or 
find out what is the true Democracy, and came place until it is established by local law ; yet, 
away unable to tell what they were there shortly afterwards, he tells the people of New 
for ! Why, the Secretary of this meeting, Orleans substantially, that the slaveholder may 
or any intelligent Republican farmer or me- take his slaves into any territory of the United 
chanic who hears me, could write out a plat- States, just as he may take his horse or any 
form of Republican principles which other article of property, in defiance of any law 
might be adopted by a Republican Nation- either by the Territorial Legislature or by Con- 
al Convention ; because Republican principles gress. In his famous speech to the Grand Jury 
are clearly defined, and thoroughly understood, at Springfield, he says he is in favor of the Dred 
But fellow citizens, all these sachems of the Scott decision— that the Supreme Court of the 
Democratic party, after trying desperately for United States had the whole question of slavery 
ten days to discover what they were there for, before them and examined it in all its parts, 
what were the real Democratic principles, had at He approves of that decision he says ; yet by 
last to adjourn without candidate or platform. — that decision the slaveholder may take his slave 
They have no platform and no candidate ; or there and hold him in the territory without any 
we may say they have two platforms and a doz- power on the part of the people, or of Congress, 
en candidates, or half a dozen candidate swith as to prohibit him. But, at Freeport he says that 
many platforms. I confess I do not know how the people of the territories may prohibit sla- 
te fix it. Modern Democracy is a problem and I very by unfriendly legislation. That is to say, 
leave you to fix it for yourselves [laughter.] they may set aside the Dred Scott decision; and 

varieties of democracy. a man who is sworn to support the Constitution 

They were not only divided between the North of the United States and the principles of the Dred 
and the South, but there were a variety of di- Scott decision, which the Democratic faith re- 
visions. In the first place, there was the party gards as equally binding with the Constitution, 
in favor of the Cincinnati platform with the con- and a part of it; and having sworn this support, 
struction of Squatter Sovereignty or Popular may,nevertheless, violate the Constitution, dis- 
Sovereignty, or whatever name you may call it ; regard his oath, and by acts of unfriendly legis- 
that meant, leave the nigger to the people. — lation, passed by a territorial Legislature, prohib- 
That was the Cincinnati platform. Another it slavery in the territory. [Applause.] 
division were in favor of the Cincinnati platform popular sovereignty. 

and the Dred Scott Decision ; that was a little But, there is another theory which is now 
more nigger ; that is to say they were in favor dead. Popular Sovereignty died its death at 
of the Cincinnati platform which said the people Charleston! What was this popular sovereignty? 
of a territory might regulate the question of sla- AVe all recollect a certain clause interpolated in- 
very for themselves , and also in favor of the to the Kansas-Nebraska bill to this effect: that 
Dred Scott Decision which declared that they the Missouri Compromise being inconsistent 
should not regulate it for themselves ; which said with the compromise measures of 1850 
that no power is conferred by the Constitution therefore the people of a territory are left per- 
of the United States upon Congress, nor is there fectly free to form and regulate their domestic 
power in a Territorial Legislature to prohibit or institutions in their own way — does it stop 
to establish slavery. This you will perceive was there? No. It proceeds: "Subject to the Con- 
a little more nigger [laughter.] stitution of the United States." 

Then there was a third party, which was not Now, gentlemen, I do not suppose that there 
only in favor of the Cincinnati platfc rm is anybody opposed to genuine Popular Sover- 
and tbe Dred Scott Decision, but also in fa- eigntj fairly carried out and appliei We ha'V? 



haO it in miaois. TTe have had and acted upon fy.'w thw* '^""'''■'?- ^T "^.'^ '^^ !'?^^''** fraoa ta 

i».vi II lit .111 w«.. I » .1 T> 1 .■ this iiuitter. A\ e told vou tliiit there would be no Popular 

It, ever Since our l:unt.'rs lOUgnt the revolution. Sovtroijruty, that the people were deprived of the power to 

It is MO new idea. I5at aocordinp; to this inter- elect tlu'ir Governor and judges, and the power being left in the 

,\. . ., r .,...,. X- , I.,.,. 1-., V,;n iU.. ^.^,^,^l.l hands of the President to appoint them, this Governor would 

polation ni ttie Kan^!^^.^eblft^ka bill, tlie people ,^t u.e behest of a pro-slavery President, veto any act passed 

AV ere to be left perlVetlv free to resi;ulate their Uy a Territorial Legislature, and the people after ail could not 

domestic matters in their own way— how ? '•^•^"•'"''' '^ >■! "^'-■»' ""'^ ""'-J'- 

"Subject to the Constitution of the United howitworkkd. 

Q, i'," Mr. Douglas was the herald, as he said, of a new principle; 

otates. ho was to give to the world a grand panoramic exhibition of 

.Have any of you read the recent speech of the beauties and virtues of Popular Sovereignty, and Kansas 

Sr^Tintnr 15."'ni-iinin on this snbiect wherein he was to be the theatre upon which the great e.xhibition was to 

.^enatOl l>aiiainin on Ullb SllOjeci, \MlLltin llt j^j.^ j,,^,.^,_ in tj^e Consress of 1S54 I heard Col. Benton, 

says the sole dimculty which has arisen then fuU of years and^ full of honors, an old man and a 

in the Charleston Convention, oricrinated sagacious statesman utter both the words of admonition and 

, J. . f \ • "" 1 «■ prophecy. He said :" Better keep the power in Congress than 

ni tlie tllSCUS.>^10n Ol tins fl"'Onamenc j^,j^,;^^g-it,^l,^,„gpfj(„itention to the people of the Territory 

when it was introduced in the Kansas Nebraska of Kansas for them to quarrel over, and to divide the whole 

i.-ii ir „ „ *i« ^ , ^ ,i;tt; „,lt.. „,.^t..v t^oT.. . countrv into two sections, ai'raved against each other like 

Lill. Ho says the same ditticult} ^lose then , ^^^^ j,^;^^.,^^^.^.p^^j^j,^^ 'g^^^ ^;,- j,^^,-^ „ But no, the cry 

and that is the reason why the words, " Subject wjis " Popular Sovereignty," let the people govern themselves 

to the Constitvition of the 'United Stittes," were in their own way. v u„ ,„„„„ 

. , . , ... rr-i . ,1 1 c i.v J. • And now, after all that has passed, we have been, fellow- 

put m that bill — "I hat tlie people Ol tne tern- citizens, that there has been less of that article of Popular 




the South contended that the Constitution of the -^-^^.^^^S^;;!^'-^ P^^^'^^IS^t^^ 'l4or\J:ut!: 

I. nited Mates, by its own vigor and by its own Rethought we were enjoying all the bfessiugs of governing 
force, carried slavery into the territories in defi- ourselves in our own way— the largest Popular Sovereignty, 
' , •' ., 1. »• iU i -i. • 1 until Steiihcn A. Douglas and his allies arose in Congress to 

ance ol any power on the part Ot tho terntonal display this new and 'sovereign remedy for imaginary ills. 
o'OVernment or Congress to prohibit slaverv". — called Popular Sovereignty. But bitter experience in Kansas 
1a_ *\, , ,>l .^ 1,..^ ] ♦"»,« A.;.,.^ ^ , .rxh" 4T,« r'lT,,..;,^,.!.,*; h.-.sprovedit to be a humbug and a cheat upon the people. — 

On the other hand tho fnend^ ot^ the Cincinnati .pi^/jj^^h discovered it ion| ago. and at last the sGuthhave 

platform m the 2N0rtil COntendeii that tne peo- got their eves wide open to it. Aud Popular Sovereignty, the 
pie of a territorv had the power to decide the fair and promising child, drew iiislast breath at Charlestou, 
f . ,• ~,^ ' c i. 1 • iu • f nd was with due ceremonv buried bv Jeu. Davis and his as- 

question ot blaveiy iOr themselves in tneir own sociate pro-slavcry Senators i« the South, and his Northern 
•^-^y doughface allies in the North in the vote taken in the Senate 

noFGLAS' EARGAix WITH THE sofTH. ^n the resolutions of the Cliarleston Convention the other 

Mr. Henjamin savs, substantiallv. tliev had a secret caucus ^^^J"- t_nfnendly Legislation, that poor child, born at Free- 
In the Senate Chamber, at which Mr. Doughis was present, port under the faithlul application of the spurs oi Old Abe, 
«nd in which they agreed that the .North might tjike its view sickened and died at Cbarleston. V, e shall never heiur of him 
of the Cincinnati platform, and the $outh it^ view of the plat- agsin 

form, until the Supreme Court should decide the question of n j^jj,^ i ^(.j, ^jfg^ pp^ children more shall he behold, 

whether the Northern or Southern view was right. But 1 ask j^or wife nor sacred home 1" [Much Lauchter.] 

Tou, mv follow citizens of the Democratic party, if Senator , . ,. . .v ^ t, , o -1 u v 

Douglas and his allies, when they returned home, told you of Tha truth is that the day Popular Sovereignty was bom he 




fit to go there ? Did he then tell vou that a'borcain h;\d been "» went into Uquidation at Charleston, and Dougl^ died with 
made' by which it was agreed that this whole m'atter was yet them. [ ' (.rood, • good, and applause. J 
to be decided by tlie Suprifme Court of the United States, as mormos POPrLAR sovERriGSTT. 

to whether the people of a territory had the right to regulate .j.j,g pn,^. Territorv which 1 know of where thev Iwre had 
this question in their own way ? Did he tell you that when ^ f^^j^ specimen of Popular Sovereignty is in that remarkabla 
they inserted that clause, "subject to the Constitution ol tl-.e Territorv of Vtah. ILaughter.1 There, 1 believe, they have 
I' nited States," the Supreme Court was yet «» put Us j^^^^^ jj,;,^-^ j^ ,5,^;^ p^^ „^.^. The Saints have h.id every- 
construction upon these woriis? And did he tell you that Uung just as thev wanted it: Congress has not raised a hand 
then:> was a possibility that the Supreme Court might decide to interfere with their abominations. 1 underst.anJ that a 
tliat the slaveholder could take his slave into the free territo- j,m j^, ,,^,^,155^ poivmimv has been voted acains: bv vour Dem- 
riesof the Cnitcd States as any other property, without anj- ocratic representatives", and voted down W Democratic votes 
power on the part ot Congress or the people of the territory jn Congress, in order that the Saints miglJt have it all their 
to abolish It? Now. the bargain was made, signed, sealed p^^.„ ,.^,^. on this vexatious question of polvcimv—'- subject 
and delivered by aud betw.vn the Northern and Southern to the Constitution of the United States.'" iLau-hter.] 
mcraKrs of the Democratic partv. bv which it was to be left , „ 

to the Supreme Court to decide whether the people of a terri- ""^ho supports "my crK-KEAT PCK-KLNcirLE. 

tory had a right to decide the question Oi" slavery in their own There can be no question — no Democrat even will have 
way. If Mr. Douglas and his adherents had spoken truly the hardihood to deny that there is not a solitary member of 
when they rfturned home, they would have said : "We have the United States Senate, with one orperhaps two exceptions, 
submitted this question to the Supreme Court. AVe do not who has not condemned it, and constantly Y0te<l against 
know wl'.other the people of a territory have a right to decide this sound doctrine of Popular Sovereignty, which has be«n 
this question in their own way ; but is an agreed case, given contended for by Mr. Douglas and his i^eiuocratic party. It 
to the Supreme Court. We have submitted it entirely to has destroyetl the power of your party in the North. Where 
them, and we must tell you, Denwicrats, th.it we don't know now are your Democratic Governors and Members of Con- 
wbcihcr the people of a territory have aright to prohibit sla- gress? Where is tliTe a solitary free State in this broad 
very there or r.ot. We do not ktiow what construction the Union that you honestly expect to carry for your candidate 
Supreme Court of the United States will put upon that for President in 1S60 ? ["Not one.""! And ail this has been 
clause ill the K^nsas-Ne'oraska Bill, 'sutject to the Constitu- produced hy the promulgation of this greatest cheat, and 
lion of the United States.' " humbug of the age, devised bv a mushroom race of modem 

That decision soon came around . It was a part of the pro- politicians to cheat and swiHdle the people, and to sec«re 
gramme arranged by Buchan;ui, and the rest of the pro- elevation to power. Can that party be now re-united? I 
slavery exteusionist.-i, that it should come arwand. Then the candidly ask the members of the Democratic party, can 
t?upreme Court decided that every inch of AmericRn Territo- your party be re-united? Where is the basis upon which it 
ry over which Congress had, from the foundation of the Cov- is to l>e done? AVhat are the jmnciples? Can you tell me 
eramenl, eiercised unrestricted control, might now be taken to-day what are your principles, aud what are the principles 
and fce'.d by the shave-holders for their slaves, in defiance of uponwhich all these belligerent elerccEts can be re-iiulted? 
tb* ptfotf ca* Cooji^sa, or acj' oUwr povar, t« BfOtiihit iia'y<»- It hM teas ditbaaded aod btn^AB up at CVwiiitoWiari b die<i. 



after a ten (Jays straggle of Popular Sovereignty and on- and equal rights, [great applause.] Tills would be a new ei- 
frlendly legislation. How can Judpe Douglas now receive their pedient, and I am inclined to think it is the only way they 
nomination? If he holds to Topular Sovereignty, he has no can beat the Kepublicans again, [laugliter.] Why, wliat aie 
party in the South, where they have unanimously condemned the principles of the Kepublicim jiarty V When a man calls 
it. "if he favors the doctrine laid down by the southern me an abolitionist, and my party a sectional party— In favor 
members of the Charleston Conveutiou, and accepts a nom- of a warfare against the institutions of the Soutli, 1 take out 
ination on that platform, he is a traitor to his Democratic the platform adopted at Cliicago and ask him to sliow me 
friends in the North, and every principle of honesty and where and in what particuhir that platform is sectional— 
riglit. I cannot sre how the Little Giant can crawl out at where it is .said that we are abolitionists, and in favor of a 
that hole. [Laughter.] As Capt. Brown said, 1 hardly ever warfare against the institutions of the slave States. There is 
tell an anecdote, but let me allude to one by way of illustra- the argument. Challenge a Democrat to the task, and he cau- 
tion — that of the old lady riding along Broadway in the not do it. Why, my fellow citizens, there is a plank in that 
omnibus. She observed an impatient young man, who had platform declaring expressly that the people of the free tJtates 
arrived to where he wanted to stop, jerking violently at the shall not interfere with the i>eople nf tlie slave States. And 
.strap attached to the driver's arm. The first pull not being this was the way this government was originally framed, 
effectual he gave another jerk, and then another still more When our fathers came to erect this glorious fabric, to frame 
violent. The old lady could stand it no longer, and she this vast and complicated government, they turned over the 
said mildly but lirmly, ''Jly son, I don't think you can do question of slavery and every other domestic institution to the 
that." "Do what':"' said the young fellow. "I don't think people of the States, to be regulated by the people in their 
you can pull that driver through that little hole." [Uproarious unrestricted sovereignty ; but as to the territory over which 
laughter and applause.] So with Judge Douglas, trying to the wlude people or tlie federal government had undoubted 
get through between Popular Sovereignty and Congressional control and power to legislate, they solemnly declared, in a 
Protection, and reconcile both. I don't see how he can get memorable ordinance, that tlie clank of no slave's chain should 
out at such a little hole. [Kenewed laughter.] I cannot see ever be heard there, [applause.] 
how he can with any consistency, go through a Democratic ,,„p, irrepressibi.e conkliot. 
Convention. 

THE CHARGE OF SECTIONALISM. Take now the doctrine of "the irrepressible conflict." 

•D . 11 i • ,■ ■ L T Mr. Seward did say, we are in the midst of an irrenressible 

But say the enemy our party is a sectional party. I ^„^^y^^^ j^ j^ ^ „.^,'. „f civilizations; a struggle of freedo n 

cannot say so much of heni, tor heaven know.s, hey have not ^^^^ '^y _ „, ,^5 ^ _.^,i ^,,.^t .^ ' ,, j ^j,^^ that is the 

got a section. [Laughter and applause.] Their once proud ti'uth. Every word he then said i true to-day; Iml recollect 

Iinjist. nn« herfdiif iTprftllv trip— tnt^v Wnnw nti Ivnrtti iin ... . . -^ .... tvj , «v *..^vi»vvu 




^....., ., K......IO. •■•■.', •■ or Mr. Linc<iln's celebrated speech made i 

a gentleman in Louisiana, s^,i,j^ct, he will find that this Very view ha 
,-i.V:.-uV°;Jt;'i!^'f "'"""'■ for irorli first to last by the llepublican par 



havealetter in iny pocket from „.^. J. „.. ...„„..,..,„, subject, he will find that this very view has been contended 

saying, that the platform adopted at Chicago and the nom.n- ^^^^^ ^^^^ ^„ 1 ^ j^ ^,^^, ^ /i,Hcan party, 
ation ol Abrahiim Lincoln is received with delight by many ■' iw^j">'.i»v..i" i^.mj. 

men in the southern Stales. [Great applause T] They ex- who is besponsiblk? 

pected to see William H. Seward nominated. So did the But, fellow citizens, what did bring about the Harper's 
Democrats; and if we had been making a nomination to suit Ferry crime ? I think I can show you in few words. In 1854 
the Democrats, we should h:ive nominated him. Why, he when Mr. Douglas introduced his "bill to repeal the Missouri 
narrowly escajied a nomination at Charleston. The delegates Compromise, commenced that fearful agitation which has 
to that Convention admired pluck and vigor, and liked bet- now lashed the popular mind in this whole country into un- 
ter to have a straight forward, fearless man like Seward, bet- controllable fury. Then began that tempest of the political 
ter tlian a politican ready to ride every hobby, cheat every elements which "we see raging around m to day. Is it not so'' 
friend, and prove himself on all sides of all questions at once. ["Yes," "yes."] We were then in the midst of an era of 
[Loud cheers.] Old Josh Giddings told me at Chicago, that good feeling; all jiarties were at peace on this great question, 
he did'nt feel entirely safe himself; he was afraid he might I was myself a member of Congress at that time, and I know 
get that Charleston nomination. [Great laughter and ap- that no word of contention was to be heard in either of the 
plause.] great parties. Both the great political organizations, com- 

To return— if we are a sertional party, what is the reason? prising within their numbers the whole American people 
It is because our principles are never read or understood at had solemnly declared in National Convention that the coni- 
the south ; becausi our Republican papers are never received promise measures of IS.'ilt, were to be a "finality." Well do 
there, and our speakers never heard. Only Democratic 1 remember that mo.st magnificent pageant that I ever be- 
papersthat vilify us, and Democratic speakers who misrepre- held, or that man ever beheld, when General Pierce having 
sent and slander us have a voice there. That is the reason— been elected by the American people over one of the'noble.<t 
the only reason why :we have no organized and powerful and most gallant men in the world, was borne in triumphant 
party in every southern State. march, aujid the uncontrollable enthusiasm of thousands of 

But this stale of alfairs IS fast changing. AVhat have I to American citizens, along Pennsylvania Avenue to the steps 
say now? The people of the south have at la.st begun to un- of the Capitol, and there, having been proclaimed President 
derstand the aims of the Republican party, and here at of this great, free, enlightened and happy Republic promised 
Chicago, at thegreat Convention, 1 am glad to tell you, wo that the compromises of ISoO, were to be regarded as "11 
were met by delegates representing si.x of the slave States of finality," and the country should suller no further shuck from 
this Union [applause,] besides all 'the free States. There the agitation of the slavery question during his otlicial term, 
was glorious old Kentucky [applause,] and Maryland and And on the fourth day of January, 1.S54, Senator Douglas in 
Virginia and other slave States there, [loud cheers,] ready to jeporting back the Kansas and Nebraska Bills says distinct ly 
unite with us in solid phalanx and testify their opposition to that it would be a dcpHrture from the course pursued, and the 
the extension of slavery, and in proclaiming with bold voices policy indicated in the memorable acts of 1&6I\ to repeal the 
and brave hearts an undying fealty to the glorious Union of Missouri Compromise, for the reason that Congress in these 
these States. [Great enthusiasm.] acts did not repeal the old Mexican law prohibiting slavery 

THE iiARPEu's FEKRT BUGBEAR. '" Ncw Mexico; and yet in nineteen days after that, under 

Mr. Douglas says, in one of his late speeches, that the p 'i?',?;'^;?!;';'^^"^^ 
teachings of the Republican party, as explained in their plat- ., ' ™nn' h? '[^r '^^^ ' '"'™'^"'=" |'f '"."""; 

forms, the speeches of their leaders both in and out of Congress, "fft ^FPealmg the old Missouri Compromise, which he h.m..elf 
„„.i .1,,, i,„„i-a „„,i i.i,.i„ .,< ii..,;_ ;. 1 .i.:_i ' n,iu saui wa 




;:.:p;,:;; crime i:ti:;dir:c^:inewSt':n^,.:;;^;:;;'^: '}^i:y:^ -^™^-"'^ '- '^'" ^- "- ->-' °f ^^-t --ea 

suit of the teachings of tlie Republican party, and that large ^""P'^'^'s*- 

and suitable cells ought to be selected and prepared, in which ■what was said at tde timk. 
these Republicans nugbt spend the balance of their miserable The following extracts from a speech delivered in the 
lives for their warfare against the institutions of the slave United States House of Representatives, by one of the hum- 
States. This would be a very nice way for them to beat Lin- blest members of that body, myself, will show that the ellects 
coin and the two millions of Republicans whose standard- of the repeal of the Missouri Compromise were foreseen and 
bearer he is to-day— to have their free utterances choked out that the fearful agitation which has followed wiis plainly Vore- 
and crushed, and their free limbs confined in dungeons, be- told, and that what was then mere prediction is now history: 
cause they dare stand fast by the principles of the fathers of " What member of the jjresent Congress will ever forget the 
the lUtwblio aod the great dftctrinss ol' £r«edom, bmaaniVy ^fllj g ^tf^ii .)injjj/-c. under xibkii we mat^ Vile msl «acli «jUiaB, 



not as northern or southern men, but as Americans, repre- from one of the States of the Union, to any territory 
sentiiig a common brotherhood — the people of the sovereign of ;the United States. " He said further, " If slaves 
States. As such we entered upon the duties before us. All are voluntarily carried into such a .jurisdiction, (where sla- 
the great objects of national concern were engaging our at- \ery Aoesnot exist,) f/ie/r c/i(i/n.\ lii.st<nitl>/ drop ojf, and 
tenlion ; an<l Congress was receiving from the press through- they become free, emancijiaied, Ubci atedfrom their hon- 
out the ci'untry the high laudation that this was to be a busi- d(i{je." And while by removing the Missouri Compromise, 
nesssession. There were Abolitionists here, but they said not and colllending foi the dictum of the Dred Scott decision, 
a word. It was reserved for the Senator of a free State to they arc in favor of the e.xtension of slavery throughout all 
thrust the firebrands of discord into our peaceful councils; to possessions where the national flag floats, Jlr. Clay uttered 
pick afresh the bleeding wounds which had been so hajipily those memorable words, (and you will all recollect that when 
iiealed ; to open wide the sluices of agitation, and to revive a Mr. Clay was going to make an emphatic declaration, he 
fearfal war of sectional strife, so dangerous to our Union and would precede it with some impressive words.) Mr. Clay 
peace, and which God alone can tell when or where, or how, declared, "Coming as I do from a slave State, I owe it to my- 
itis to terminate." ******* self, I owe it to my country, I owe it to truth and justice to 

" This will be no party measure. The great enormity of its say that while the vital current shall run through these veins, 
introduction into our national councils is, that it tends to I will never, never, never, by word or deed, by act or will, 
make two parties, divided not as heretofore, but by geograph- consent that one rood of free territory shall be given over to 
ical lines. A northern party and a southern party. This is the everlasting cvir.se of human bondage. [Enthusiastic and 
the most fearful aspect of the case. This is what Washington, long continued applause.] 

in his farewell address, warned his countrymen to guard Such was the noble language of Henry Clay. And now, 
against a»d disoountenace. Who can forseethn malignity and while they tear down the Compromise Measures of 1S50, and 
bitterness of the strife which is to ensue? AVho can fortell its open afresh those bleeding wounds which Clay and Webster 
termination ?" and Cass had so happily healed ; while they lay their sacri- 

AVhat is that history? Remember, I am now inquiring legions hands upon the Missouri Compromise, that his own 
what were Me ieuching.s, which led to the Harper's Ferry hands had made, they come forward and claim, with amazing 
crime? I charge upon Stephen A. Douglas and his coadjutors eQ'rontery, to be the special heirs of Henry Clay ! [applause.] 
the crime of arousing that agitation which led directly to the Fellow citizens, my blood courses indignantly through my 
commission of those shocking barbarities, both in Kansas and veins, when I see these life-long slanderers of this great man 
Virginia; slurring with a dark blot the pages of our history attempting to fasten upon him principles which he abhorred 
and disgraceful to the age in which we live. If I had a jury and condemned in all the acts of his illustrious life, 
of twelve honest, intelligent men, who would hear the testi- I am myself a Kentuckian. I knew Mr. Clay, and sup- 
mony and argument in the case, I would convict the reckless ported him with enthusiastic devotion from my boyhood to 
disturbers of the Missouri Compromise as the reaf authors of the day of his death ; and well do I recollect how, at the age 
the agitation which produced the Harper's Ferry crime, and of fourteen years, 1 walked twelve miles through the thinly 
that to them ought to be assigned the deepest and darkest inhabited country to hear the voice of that illustrious states- 
" cells in which to spend their miserable lives as a punishment man ; and I recollect how, as I beheld that mighty concourse 
for their crimes against the peace of society." of freemen in Hamilton, Ohio, how they were swayed by his 

You have heard the indictment. Kan hastily over the chain oratory as trees are swayed by the storm ; 1 recollect, as was 
of testimonj'. The Missouri Compromise isrepeal«d, and the once said of another, how my eye kindled and my heart 
territory opened to the incursion of slavery. In a very short warmed, as I beheld his white plume in the thickest of the 
time, Vice President Atchison resigned his seat as fight, the banner of the Union waving over his head and the 
Speaker of the Senate and went home to assist in flaming cimetar of the Constitution in his hand, [gi'eat ap- 
the organization of the blue lodges, and head plause.] And now, fellow citizens, the great Kentuckian is 
the slave state army in their invasion of Kansas; followed up gone; 

by the robbery of the Arsenal at Liberty, Missouri, of one " He sleeps his last sleep, he has fought his last battle, 

thousand stand of arms; the over-ruuning of that fair and No sound shall awake him to glory again." 

peaceful territory by an armed force, bearing banners and all He has left small men and small politicians enough to stir 
the munitions of war; the sack of the village of Lawrence; up the muddy pools of contention and strife, and foment agi- 
the burning of a hotel; the destruction of a printing press; tation and disunion throughout the land ; but where now is 
the seizure and stuthng of the ballot boxes; the arsons and the Great Paciticator? who is to stand upon the deck of that 
crimes, and murders, shocking in the sight of heaven and noble old ship, the Constitution, and guide her over the dash- 
earth, which were perpetrated by that horde of ruffians; the ing billows of political strife, and spread our starry flag to the 
dragging of the boily of the young and gallant Brown along winds of Heaven ? Friends and supporters of Henry Claj', if 
thn public highway, and then throwing it all bleeding and you are true to his principles, it is all we ask— it is all the 
ghostly pale in death into the arms of his fainting wife ; next Uepublicans ask. Re said Congress had power over slavery 
and last in the series, the maddened revenge of old John in the teniories; he said that slavery could go nowhere 
Brown, at Harper's Ferry. Here, my fellow citizens, we into free territory except by local law; and he said you 
have a chain of testimony in which no link is wanting by could not lay your finger upon any clause in the Constitu- 
wliich to trace the present trouble and agitation, and the tion of th) United States which authorized the slaveholder 
troubles of the past five years clearly and unmistakably to to take his slave from slave into free territory. He wasi the 
that act of mad ambition — the repeal of the Missouri Com- chief supporter of the Missouri Compromise. I ask you only 
promise. [Prolonged applause.] to be true to the principles of ILnry Caly— be true and firm, 

THE OLD wuio PARTY ^''^"^ Heury Clay, for he was a man, who, although charged 

-, , . , ,', ,. , ', with beini; an Abolitionist, never quailed. Not the threats of 

Now, having spoken of the policy and the principles of the foes, nor the blandishmeiUs of power, nor the spoils of otfice 
Democratic party, so far as we have been able to find any could ever seduce his unbending spirit to desert a principle or 
principes, suppose I address myself in a few words to the abandon a friend. And I verily believe the man who now 
prmciples and course of another party which once existed— ^-ouid pretend to be a Democrat, upon the plea that he was a 
the old W big party, as they are called—" l he Fillmore men," Henrv Clay Whig, is untrue to the glorious name and memory 
as your chairman has termed them. In standing here as I do of Clav-diseraces his own manhood and the noble nature 
to-day, I understand .my.«eir upon this slavery question, to ^ith which God Almighty has endowed him. [Great and pro- 
be following exactly in the footstei>s of the unmortal Henry longed applause 1 
Clay. [Great cheering.] I know that the men who slander- 
ed him while living, who dogged his track with insatiable REpnBLlCAN principles. 
malignitythroughout his great and patriotic career, who never I come now to consider the principles of the Republican 
failed to denounce him as a malefactor, who never tired party, and here I will not detain you long. The great idea 
with heaping abuse upon his fame, are now calling on you old and basis of the Republican party, as I understand it, is free 
Henry Clay Whigs to come forward and supiiort Democratic labor. It is all in that word, to elevate, to dignify, to ad- 
slavery extension and all the principles of this corrupt party, vance, to reward, to ennoble labor— to make labor honorable 
But let me say, they hold no one principle in common with is the object, end and aim of the Republican party. Fellow 
that great and illustrious patriot, while they distort every act citizens, labor is the foundation of all our prosperity— every 
of his life, and every utterance of his lips. They deny that blow of honest labor is a part of our national wealth ; and he 
Congress has the power to regulate slavery in the Territories, is no statesman who does not give to labor its highest rewards 
Henry Clay contended for that doctrine, to the day of his — who does not open to it the broadest fields — who does not 
death. In his speeches in favor of the Compromises make labor as honorable as be possibly can. 
of 1S60, he took decided ground in favor of the power Thirty-five years ago, and this beautiful Illinoi.'* of ours — 
of Congress to prohibit slavery in all the territories of the now such a bright Eden for us — such a glorious heritage for 
United States; while this modern Democratic party say that our childen— was in the possession of Black Hawk, Keokuk, 
slavery may exist without local law establishing it,— that the Shabonee and their wild warrior tribes. But, what a change! 
Constitution of the United States, of its own force and vigor. Look at our mighty cities, magnificent with the temples of 
can carry slavery into every territory belonging to the art, and the crowded tlioroughfares of commerce— look at these 
federal government. Mr. Clay said that "you could vast sunny prairies, blooming with orchards, and gardens, 
not lay your finger upon any clause of the Constitution and broad green fields. Behold the beautiful homes, scatter- 
vhicb Qouv^s tbA ligbt or Uxe power to casxs sIatss ^ tbip-Hj aU or^' the esuatry— ib^ lo&uufactaiii^s establifti^ 



ments on your rivers — the long trains of cars, trooping In ton, Oregon, containing hundreds and hundreds of millions 

procession along your railroads — the spendid Kteamcrs which of acres — a territory more extended and magnificent than 

ply (lay by day along your magnificent streams, carrying the Rome commanded in her greatest power and pride, v.hen her 

jjroducts of yuur lahor, and creating u commerce whose influ- imperial eagles swept in ttieir irresistible course over the au- 

euce extends throughout the world. [Tremendous applause.] cient world. And i.s there anything wrong in giving a home 

And what produces all this wealth and prosperity y Labor, from all this bounty to the poor laboring man? ghall he 

liard handed labor — the labor ofmilliotis of patient ha«<ij — breathe this pure air free? Shall he enjoy God's glorious 

the humblest as well as the most exalted. sunlight/ree? Shall he drink the waters of our lakes and 

Now the question comes, how shall we adv<inc» fliisiubor rivers free? And shall there not be a solitary place, not a 
Ab presented in our politics, the question is, wiielher un- green spot on the broad earth, where the poor, honest Ameri- 
jiaid, unwilling slave labor is better than voluntary, intel- can citizen, when disaster pursues liim, and all other resource 
ligent, free paid labor? I was not so young when 1 left has failed, can find a place to labor and make a home for him- 
Kentucky, but that I recollect the time when a jioor man self and his children ? I say, give it to him. Let the poor 
toiled all day, with a hod upon his shoulder, up the scaffold laiwrer go tliere, and t>y the blessing of God we will keep that 
of a rich man's edifice for three shillings a day, because a territory free from the clank of acliain. [Loud Ap))lause.] 
slave could be hired ft r seventy-five dollars a year. IJoyou We will let no slave be taken to that territory. We will pre- 
recollect wliat Senator Hammond said of the free wliite popu- serve it free, as God made it, for the poor wliite people of the 
lation of South Carolina? That a majority of that unhappy South and of the North, and for their children and their chil- 
class subsisted by hunting and fishing, and trading with the dren's children [apjilause.J We will keep it for the Anglo- 
negroes for what they were stealing from tiieir masters and Saxon race — that giant race whicii God designed should stamp 
they cannot live and prosper in competition with unpaid the impress of their genius, and plant their free institutions 
slave labor. But I will not dwell upon this point. upon this land. [Applause.] We will send our poor labor- 
PKOTECTION TO uo.MB l.NDUSTRY. ers there witl' the Hiblo and the ax, bearing with them the 
, „ , ,f 1 I o , iu \. 1 , independence which our fathers achieved, and all the thou- 

How shall we advance this laiwr ? In the first place, we sand improvement:^ of an enlightened and Chri.stian civiliza- 

have, as a part of our platform, a tanll resolution. \Ve oc- tion. We will build up cities upon those broad plains, and 




a protective tariil', and believed in protection as a distinct ..fitnesses of the onward majestic march of free American la- 

political principle. A long, hard, memorable battle was j,Qr. [Tremendous applause 1 

fought between ihese old parties until the compromise tariff " ■ i i -j ^ 
l;illoflb;!2 was agreed upon, and the principle was finally democratic pketbnsions. 
recognized by all parties, 1 believe, that we should have a But, fellow-citizens, I hear some man say, "the Democrats 
revenue tarilf — thus fulfilling Mr. Jackson"s notion, with in- are for all that, too." Prove it. Did you say so, my 
cidental protection, which tecured Mr. Clay's object, that is. Democratic friend, when you were talking about 
specific duties as con'.radi.stineuished from at/ ««7c/r'e/tt duties, nigger, more nigger, all nigger, at Charleston? [Laugh- 
discriminating in favor of articles the growth and manulac- ter.] Did you ever mention the Homestead bill 
ture of our own country. We propose to elevate labor by there? Have you not, in voting for it, time and 
these principles; by upturning the concealed riches of the again, during its pendency in Congress, always voted it down? 
earth; by opening the beds of iron that rest in our mountains; Did you not vote Grow's bill down in the Senate a few days 
by affording in every way in which we can, a better market ago, by a unanimous Vote, excejit, perhaps, of one or two who 
for farmers and mechanics. But you are familiar with this I believe had the "bronchitis." [Laughter.] All of them 
subject, and 1 cannot dwell longer upon it. voted against this homestead measure. Whore is the speech 
FREE uoMEt-TKADS '^^ ^"^ ""*" "^ your party, in or out of Congress, in favor of 
,,,".'.' , , , thiswise and benificent measure? I do not believe you can 

Aiiother portion of our platform is in favor of a free home- gnfl it. I will not suv you can't, but 1 do not think vou can 
stead upon the public lands to any actual settler, whether an finfj oneever deli\ ered by Judge Douglas in faror of a home- 
American born citizen or one of the poor wanderers from stead bill. On the other hand the Heimblican members of 
foreign lands who may come upon this soil and settle, improve Congress have been a serried host— a solid phalanx for this 
and occupy It for a limited period. Fellow citizens, I have great and benificent measure. [Applau.se.] 
always rejoice<l in my vote against the Kansas-Nebraska bill ; 

and 1 am glad now to see that the universal sentiment of tins pacific raii-road. 

country is now coining up to sustain the man who was broken We are in favor of the construction of the Pacific Railroad, 

down in this district upon that issue. [Applause.] I rejoice Do you sa.v the Democrats are also for it? Have you sefn 

not so much in that, however, as I rejoice in the humble but many of their speeches in favor of it? Have you seen evi- 

earnest ellorts I made in Congress by my voice and vote in dences of any particular zeal on their part ? A man can go to 

favor of a free homestead to every free American citizen who Congress and give a silent vote for a measure once 

would go there and occur>y the soil. [Hearty applause.] Look in a while, but if he do nothing more he will 

at this question for a moment. really do but little for it. He must work, speak, labor for 

I recollect, in 185.3, of going to the Land Office at Danville, his measure. Where are the speeches, where are the acts 

and there I found a man who, as the agent of foreign cap- which they have done since the days of Tom. Benton which 

italists, had secured 'ii, 001) acres of land at the land warrant showed any real zeal for the Pacific Kailroud ? I do not say 

price of one dollar and a quarter per acre. I staid there is no such speech, but I don't recollect of many, and I 

there a few days, and in that time there were don't believe you do. 

as many as five or six men — hard working men, desirous Al)out ten years ago, .you recollect, a few barks started out 

of settling in that locality, and spending tiieir lives there— from New York for San Francisco, a distance of eighteen 

who had gone over the country, selected their little eighty thousand miles. That distance has been somewhat shortened, 

or one hundred and sixty .acres, raised their money by but it is still over six thousand miles. AVith'n that ten years 

hard patient labor, to enter their little farm, and when they has sprung up that magnificent commerce, tha' splendid line 

came to the land office, they were told that it was included in of ocean steamers which now connect these distant ports, 

the '24,00 ) acres just entered by an agent of foreign capitalists The traffic of great States is carried on through these noble 

and speculators. Since that time those foreign speculators have vessels. So much has been achieved by the enterprise, intel- 

sold out these same lands for ten dollars per acre — selling ligence and accumulated power of the American people. 

24,' 00 acres for $'240,000, to the poor laborers who felled the But, fellow citizens, that is too far around for us. We want 

forest, turned over the furrow.t in the soil, and made the away opened directl.y through — a Pacific Railroad, uniting 

country prosperous by their labor and their improvements, ocean to ocean, and affording to the people a wider 

Now I declare myself in favor of the policy such as Jackson market and increased facilities for intercourse. We 

finally announced in his annual Message to Congress, in ]s;-i2; want to open a route arounil the world, connecting 

which was in substance that it was best to atjandon the idea Europe and Asia by a speedier route than any known, and 

of raising revenue out of the public land, in order to afford transporting through our midst the products of China and 

to every American citizen an independent Iree-hold — that Japan on their way to consumers in England and France. We 

independent farmers are everywhere the basis of society and want a way which shall brings us within a few weeks travel 

the true friends of liberty. by railroad and ocean steam navigation of the six hundred 

Why, what are these lands? We have to-day more land niillion people of ,4.sia and tlie Indies. Why can we not build 

west of us than east of us in this country. Reflect upon that! this road, spanning the continent? You say the country is un- 

Take a map and draw a line from east to west, over Kansas inhabited. So once was the country tlirough which the great 

and Nebraska territories, and you will find it stretching over a trunk lines of railroad across the Aileghanies have been built, 

distance equal to that from Springfield to Philadelphia. Give to the people homesteads. Let every actual settler have 

Why, those two territories alone contain land enough to make one hundred and sixty acres frte, for his home, on the public 

fourteen States as large as Illinois. Look at the territory, ac- lands ; and as the railroad is constructed, settlements will 

quired by treaty from France and Mexico ! Look at the vast spring up at the stations and nestle along the track, until 

Utah territory, at Minnesota, Kansas, Nebraska, Washing- froia New York to San francisco, in ten years, or at least, 



■within a qunrtrr of a crntury, vfc will have nn unbrolvcn pants rollert up some flTfl feat more or 1«M, [gi'eat mtrrlmant^ 
coition of free, powerful coiimunnvenllhs, strotohius from iryins to pilot a flat, boat over a mill-dam. The boat had got 
oceau to ooeau. [Applause. J .w full nf water that it was very diiUcult to m.niiaife and almost 
WHO IS C(«S!3TI3NT impis.^iMe to get It over the dam. Lincoln finally contrived 
" ' ' ■ ■ to get her prow over so that it projected a few feet, and there 
Such are the measures the Uepul)lieun party propose to the k ptood. iiut he then invented a new way of bailing a flat 
American people. Upon this slavery ipiestion, I simpl.v iioat. He bored a hole through the bottom to let the water 
wish to say (.a little out of place just here,) we p^;, j,iit,_ ,^(1 tiien corked her up and she launched right over, 
occupy the same position held by whigs and dem- forcat laughter. 1 1 think the Captain who i)roved himself so 
ocratic parties, in Itiki. Here let me make a simple state- ijued to naviiiate the broad horn oyer the dam, is no doubt the 
ment. Kvery free state in this Union, with one exception, ,u;vn who is to st.ind upon the deck of the old ship, " the Con- 
in 1,$47, '-tS and '49, passed resolutions in favor of the pro- stitution," and guide her safely over the billows and breakers 
hibltion of slavery in the territories, and requesting ttieir that surround her. [Enthusiastic and prolonged applause.] 
Representatives, and instructing their Senators to vote ac- „■-,,., «. 
cordimjiy. More than that— I could easily show you that in ^""^ '*'-*^*' "^ ^^^ peoile. 
ISiS, no mail took stnujger ground in favor of the power of I do not mention these hardships of Lincoln's early life 
Congress over tlk> territories than Mr. Douglas, in ls4S. He as evincing any great merit in themselves. Many a man among 
was"«nnuestionalfIy a JiUick Republican at that time, in this you may say, "1 Jim a rail splitter. I have done many a hard 
one respect. On t'he 13ll\ February. 181S, Senator Douglas, day's work, and if that entitles him to bo President, it enti- 
in his speech on the admission of Iowa into the Union, made ties me to be President, too." All I mean to say in regard to 
use of the following language; "The father may bind his son his having been a poor, hard working boy, is that "it don't 
during his minority, but\he moment he (the son) attains set him back any." [That's it.] As the young man said who 
his mivjority, his fetters are severed, and he is free to regu- courted and married a very pretty girl when on the next morn- 
late his own conduct. So, sir, with the territories; they are ing after the wedding she presented him with a thous;iud 
subject to the jurisdiction and control of Congress during dollars. "Lizzie, I like you very much, indeed, but this thou- 
their infancy— their minority— but when they attain their sand don't set you back any." [roars of laughter and cheers.] 
majority, and obtain admission into the Union, they are free Po if Lincoln has all the other qualities of a statesman, it 
from all restraints and restrictions, except such as the con- don't set him back any with us who know and love him, to 
stitution of the United States has imposed upon each and all know that he was once a hard working boy. 
of the States." But now all those who now stand where all i-ug pgly mens' ticket. 
the old Democrats from Jeflerson down to Polk stood, and we • „, , , , ^ , , . j ' , r ^^ 
AVhigs who staii.l where all the old Whigs from the first down ^^ ^^ l'""^: ''^ does not look very handsome and some of the 
to l^. death of Clay stood and still stand, are to be called papers say he is positively ugly. \\ell,if all the ugly men in 
aboiftloiiists for maintaining these same great doctrines-now the United Mates vote for him, he will surely be elected, 
the doctrines of the Kepublican party. [Laughter.] 



LI.NC01.N'S Cn.lRACTER, ETC. 



THE GIAKT KILLER. 



And now, fellow citizens, I am through. [" Go on," " go Is this all, say you? If you had read the scriptures, my 
on. "J AVell I will onlv sav a few words in reference to tiie Democratic friends, as well as you have the papers, it would 
ticket. 1 know some" folks are asking, who is Old Abe? I s"ve me the trouble of telling you of a chapter where the 
guess they will soon find out. [Lauuhter.] Old Abe is a g''"it Goliah wont out and defied the armies of the living God. 
plain sort of a man, about six feet four inches in his U" "'^^ •' fearful giant, six cubits high— you see some gnuits 
boots, and every inch of him man. [Laughter and loud are much higher than others. TLaughter.] Then the hosts ot 
cheers.] I recollect a little incident which occurred two vears l*'"->fl ^^■'■''e sore afraid; but a little fellow named David said: 
ago at a little party which amused me at the moment. A "I>i'i>'t be afraid; I'll go and fight the Philistine." And ho 
very tall man went up to Lincoln and said, " Mr. Lincoln, I took a sling and five smooth pebbles, and went forth to meet 




himself up Still hidicr, " there's a good dciJ of conie-out in you not remember how the Democratic party selected their 
me," and he came out two inches the highest. [Great applause giant, their best man, their ablest debater to be a standard 
and lauduer. J lie was, as manv ot vou know, a plain, poor bearer— and Senator Douglas is a strong man in any country, 
boy when he came here, and is'a farmer-like looking sort of He was to be their candidate for the Presidency of the United 
mAn now. A hard-working man he has been, in his Ume. States. He was to defy the armies of freedom, the Kepubli- 
[■'Vcs and he is yet."] can hosts everywhere. He came out to Illinois to fight us. 

. .,^.....,„- Then we selected the little stripling Old Abe Lincoln [lausrhter 

.V REMIMSCI.NCE OK OLD ABE. ^,,,. ^.,,^^.r^_-| ^„^, ^^^^ j,;^ j^^j,., f^,.„, ^^^ j,,^^, „,^g ^^-^^^ 

I recollect the first time I ever saw Old Abe, and I have a He went forth ; he met him, and you all know the result- 
great mind to tell you, though I don't know that I ought to. ["yes," "yes," and cheers,] triumph, glorious triumph in 
["Yes, go on, go on."] It was more than a quarter of a cen- every contest, at every place. Yes, fellow citizens, Abraham 
tury ago. [A voice, "He was 'Young Abe' then."] I was Lincoln met Stephen A. Douglas in the grandest tournament 
down at Salem with a friend, who remarked to me, of political discussion the world has ever seen, and literally 
one day, " I'll go over and introduce you to a fine young olTered him up a sacrifice on the altar of his great humbug — 
fellow we have here — a smart, genial, active popular sovereignty. With his clear, penetrating and irresisti- 
young fellow, and we'll be certain to have a good talk." I ble logic, he drspelled the smoke and sophistry with which 
consented, and he took me down to a collection of four or five Northern doughface politicans were aiming to dupe a coufid- 
houses, and looking over the way 1 saw a young man partly ing people. His every speech was a triumphant proclamation 
lying or resting on a cellar door, intently engaged in read- for liberty and the right. He made Kepublican principles 
ing. My friend took me up and introduced me to young stand forth in a light so clear, that the whole nation is rising 
Lincoln, and 1 tell you as ho rose up I would'nt have shot at en maxse to pay undissembled homage to ourplatiorm. aiid to 
him then for a President. [Laughter.] Well, after some crown with tlie highest honors their great expounder, 
pleasant conversation, for Lincoln talked sensibly and gen- [Loud applause.] Let me give you a proof in addition to 
erally then just as he does now, we all went up to dinner. I your own knowledge. The Repubficans are circulating broad- 
ought not to tell this on Lincoln. [Great laughter and cries cast throuehout the land the debates between Lincoln and 
of "goon," "goon!"] You know very well that we all Douglas— spreading .ns many of Douglas' speeches as of Lin- 
lived in a very plain way in those times. The house was coin's. They are willing to trust to the discussion as carried on 
a rough log house, with a puncheon floor and clapboard roof, between those two gentlemen for the perfect vindica- 
and might have been built like Solomon's Temple, " without tion of their principles. Thev are publishing these debates in 
the sound of hammer or nail," for tiiere was no iron in it.— vast numbers, and scattering" them all over the land. Dui do 
[Laughter.] The old lady whose house it was soon provided you ever hear of Judge Douglas or his friends publishing or 
us with a dinner, the principle ingredient was a great bowl of "sending out a copy of this great discussion to show how he 
milk which she handed to each. Somehow in serving Lincoln overcome Abraham Lincoln * 
there was a mistake made, and his bowl tipped up 

and the bowl and milk rolled over the tloor.— the lkssoh of his life. 

The good old lady was in deep distress, and I said Tincoln was once a poor boy. And is it nothing ?— 
burst out " Oh dear me ! that's all my fault." Lincoln pick- Is there no lesson in his life to vou, fellow-citizens? Is not 
eJ r.p the bowl in the best natured way in the world, rem.irk- his example and his achievement a lesson to the hopeful, the 
ing to her '' Aunt Lizzy we'll not discuss whose fault it was— young and the poor ? And will vou blame the people if they 
only if U don't worry you, it don't worry me." [Hoars of love their own ? He is the best "friend of labor, who himself 
laughter and applause.] The old lady was comforted and haslabored. He can best sympathize with the people in their 
gave him another bowl of milk. {Renewed laughter.] wants. Is the story of his li"fe nothing? He is the represen- 

^ly friend Green who introduced me, told me the first time tative of the great idea of the Republican party— l<ii>oi^rrf« 
h-* over saw Liuoola, he was in the SHUgamou River, with liis labor. The representative of the ginius of o"ur free ins'titu- 



9 

tions. A boy the son of poor parente, himaelf poor, begins to love wherever affection would seek a warm-hearted and 

life unaided, save by his own industry and genius, struggles generous spirit— a name which is a spell to gather millions' 

on, advancing step by step, through many years of patient wherever free hearts and strong hands are to be summoned in 

and earnest endeavor until he rises to that proudest of all favor of liberty and humanity. [Tremendous applause.] ,| 
human elevations, the Presidency of the United States.— My friends, 1 recollect— oh 1 how I recollect — the mighty 

[Tremendous cheering.] shout that went up from those assembled thousands at Chicago, 

What an example here is for our children. Hereafter the in and outside of the great Wigwam when Abraham Lincoln 

pooi boy who follows him in his history as he leaves the was nominated for the Presidency of the United States a 

State of Kentucky, at the age of' six years, and grows up in shout louder, I have no doubt, than any that ever has been. ■ 

Indiana, laboring faithfully with his hands, going to Illinois heard on earth since "the morning stars sang together and the/ 

and working on step by step, until he becomes the mighty sons of God shouted for joy." I recollect how it was caught! 

statesman, and honored chief of thirty millions of freemen— up by the electric current and sent fortl^ 

as the poor boy of future years, reads the story, he will feel upon the lightning's wing to every part of 

strange emotions in his breast, and determine to emulate the this mighty nation ; 0, how the glad tidings of the universal 

example of the noble Lincoln. [Cheers. J The poor boy— rejoicing cf Kepublicans throughout this nation came back in 

the poorest of you, though his parents may be humble, though thirty minutes to the Convention. I see that same spirit here 

he may have to face the colds of winter and the summer's to-day, and it will not subside. We will have bonfires and 

gun, however poor he may be, in this land of freedom, where illuminations, we will have every demonstration of joy, and 

the avenues to office and success are open to all, he can ten thousand thousand banners shall be borne aloft inscribed 

point to Abraham Lincoln, and straighten himself up and with the words, "Lincoln and Hamlin, Union and Victory." 

say "I have the same right and same opportunity to be Pre- [(ireat and long continued applause.] 
sident, as any other boy." [Applause.] a iir -vr j. i- i i.u ^ > ■ 

Fellow citizens, the name of Abraham Lincoln, which we As Mr. Yates retired the crowd gave him 

present to you is a winning name— a name to rally on wher- three hearty cheers, and then three rousers for 

ever freedom requires a champion — a name to boast of wher- A Virahim T inpoln 

ever you would point to an honest man or a patriot— a name -f^^''*"'^"' uun^uiu. 



/ ■ 



SPEECH 



OF 



HON. RICHARD YATES, 

DELIVERED IN THE WIGWAM, AT THE SPRINGFIELD 
JUBILEE, NOVEMBER 20, 1860. 



Fellow-Citizbns : 

We have had a splendid triumph, and we 
have met to rejoice over it. We rejoice, not 
with vindictive triumph over our opponents, 
bul in the success of principle. We desire not 
to make them feel bad, but for ourselves to 
feel glad. Say no hard things against them, 
for their cup Is full and running over. (Laugh- 
ter.) We rejoice because we have had a sol- 
emn and deliberate verdict of the American 
people in favor of the great, the undying prin 
ciple of human liberty. (Applause.) We 
have had a hard struggle ; we have had to 
meet misrepresentation and falsehood — a base 
perversion of the platform and designs of the 
Republican party ; but they have fled before 
US as the prairie fires are driven before autum- 
nal winds when the grass is dry, and now our 
banners stream aloft like a flame far up in the 
eky, and float majestically on the breeze and 
the storm. (Applause.) 

Our victory is thorough, ample, complete. 
Why, we have carried the Legislature, the 
State, and the Nation. (Applause.) Up to '58, 
IlHnois was the banner State of Democracy, 
and rolled up her majorities by uncounted 
thousands. In '58 we carried the popular 
rote for Lincoln — but by reason of unfair ap- 
portionment, our opponents had the Legisla- 
ture; bnt now, in spite of unfair apportion- 
ment and gerrymandered districts, we have 
carried both branches of the Legislature. (Ap- 
plause. ) 

Now one of the results of this will be, that 
the Legislature will, at its next session appor- 
tion the legislative districts on the principle of 
fairness, and thus transfer the power from 
one third, to a majority of the people, and from 



Another result : By the recent census, Illi- 
nois will be entitled to about six Representa- 
tives increase, so that the State will have fif- 
teen Representatives in Congress. Now we 
must be fairto our Democratic friend.s, and we 
must give them at least three Democratic dis- 
tricts down in lower Egypt ; (laughter) good 
and strong oyes, so that they will have no 
doubt of their undoubted democracy. ( Laugh- 
ter and applause.) Now we can be kind in 
this respect, and still have twelve Congre.ss- 
men left to bear aloft the Republican flag, and 
give their support to Abraham Lincoln's Ad- 
ministration. (" Good,"' and ap[)L'uise.) 

I confess my heart is full, when I refer to 
another result of securing the Lngislature. I 
refer to the triumphant restoration tolho Sen- 
ate of the gallant, the eloquent, the noble 
Trumbull. (Loud applause.) Trumbull was 
one of the pioneers in the Republican ranks. 
He left a pampered and victorious party and 
united with a small minority for the sake of 
principle. No man was ever the victim of 
more shameful abuse or personal in.sult than 
Lyman Trvmbull, but no man has more nobly 
vindicated his course, or more proudly borne 
aloft the Republican banner tiian Lyman 
Trumbull. (Loud applause.) He has reflec- 
ted credit upon himself, and lustre upon his 
State; and in all the grand tournaments of 
Senatorial debate he has shown himself the 
peer of the proudest Senator and the ablest 
statesman; ("that's so,'' and applause), and 
if Democratic leaders, quailing beneath the. 
power of irresistible logic, or writhing beneath 
his withering sarcasm, have ardently prayed 
for his defeat, millions of freemen in Illinois 
and throughout the lai;d, will hail the restora- 
tion of Lrmtin Trumbull to the Senate of the 



(2) 



Unite^l States ns one of the proudest troiihics 
of tliis 7nost crlorious campriign. (It is imy)OS- 
sible to describe the tumultuous jipplause 
which followed these remarks of Mr. Yates as 
to our able Senator. — En.) 

We have also carried the State ticket. We 
shall still have the pleasure of shakinp; by the 
hand our faithful and accom])lished Secretary 
of State, 0. M. Hatch, [applause,] our 
sagacious and ellicient Treasurer, Mr. But- 
ler. [Apy)lanse.] We will still look upon the 
broad honest face of Uncle Jesse [applause] 
our noble and well tried Auditor, and our 
model School Superintendent, Newton Bate- 
man. [Applause.] Ill the speaker's chair of 
tlie Senate, we shall have Francis A. Hoffman, 
the representative of that hardy, industrious 
and intelligent class of citizen who have sought 
our land as the asylum of the oppressed, and 
who may ever be relied upon when freedoni 
calls her sons to the discharge of patriotic 
duty. [Applause.] As to the humble individ- 
ual who is to occupy the house on the hill, I 
must have nothing to say, except that if you 
take his oiiponont'stcstimony and what friend 
Wentworth says, you had better believe that 
he is a uvk Kejiublican. [Applause.] To de- 
ny that he feels honored by the high position 
conferred upon him, would be to deny his own 
nature. Proud is the warrior returning from 
the field of his fame ; so am I ]n-oud of the con- 
tidence of the people of my Stale in the sig- 
nal honor they have conferred upon me — and 
]irouder still that I stand up here to-night tri- 
umphant on the same principles I went down 
on in 1S')5. [Loud ajiplause.] 

We liave also succeeded in the nation. — 
When I come to speak of the triumph of our 
own Lincoln, I find prose rather dry and I 
exclaim with the jioet: 

'• Now i.s the winter of owr discontont 
Miuio sloriinis siiunncr by this sun of York, 
And iiU the oloiuls that lowerM upon our house 
III tlie deep Imsom of the oceim burieil." 

All New England has spoken. The old 
Kevstone gives her 80,000. New York has 
spoken with a voice louder than the cataract 
which thunders upon her western border. 
Ohio, the first born of the Ordinance of '87, 
and the whole of our young but giant North 
West has rolled up her accumulated thousands 
for Republican liberty and the child of the 
people, Illinois' great and gallant son, Abra- 
ham Lincoln. [Long continued applause.] 
How has he passed through the contest? — 
Notice the fact, that though the records were 
searched, and after the strictest scrutiny by 
the greedy and venomous hunters of slander, 
he stands unscathed. The shafts of calumny 
and detraction lie shivered and harmless at 
his feet, and the character of Abraham Lin- 
coln is as white to-day as the snow-flake ere 
it falls to the earth. [Loud applause] I 



like to dv.ell upon the evoilts of tlic ofinva?;.^. 
It was a picture for history. There sat that 
plain and humble man at bis home in the bo- 
som of his f\\mily, not perambulating the coun- 
try "in search of his mother," [laughter and 
ajiplause,] and making speeches from every 
hotel balcony and railroad station, disdaining 
to canvass for his own ekction; but see you 
not those banners fluttering along the sky, 
lilazoned with the flaming words of Lincoln 
and Liberty, raised by millions of patriotic 
hands, and bearing to the Presidency the man 
whose words of living truth had impressed him 
\ipon their minds as the man for the times and 
crisis. [Loud applause.] And we will re- 
joice because he is one of our boys. [" That's 
so ! That's so!"] And though he is to go to 
the White House, that shining height of hu- 
man power, though you were to bind his brow 
with all the laurels of a Roman conqueror, or 
crown him with a diadem, yet, for his humble 
neighbor, he would ever have a warm heart 
and a cordial hand. [Loud applause.] 

If I may be pardoned for a personal allu-^ 
sion, ["Yes," "yes,"] I will remark that I 
have some reason to remember the rise, pro- 
gress and final triumph of the Republican 
party. The Republican party was one of the 
necessities of the times, as Whigs and as Dem- 
ocrats gave up mostreluctantly the old organ- 
izations endeared to them by many hard con- 
flicts for great principles. I had the honor of 
being a member of Congress during the last 
two years of Mr. Fillmore's administration, 
and during the firstHwo years of Gen. Pierce's. 
There was no slavery agitation in Congres.s 
during Mr. Fillmore's administration — no sec- 
tional strife — no cloud big as a man's hand 
could be seen on the face of tiie political sky. 
It was not until 1854 that ruthless hands were 
laid upon the Missouri Compromise, and that 
agitation sprung up and swept the country 
as with the violence of a storm. Now the Re- 
pulilican party was born at 4 o'clock, on the 
5th day of March, 1854, when the Kansas Ne- 
braska Bill, repealing the Missouri Comprom- 
ise, pas.sed the Senate. ['' That's so,'' "that's 
so.''] I know it's so, for I was therCj and 
though it is now only a six year old, yet all 
will admit what the thunder of the ballot-box 
has proclaimed that it is this day and hour 
the mightiest party upon the continent of 
North America. [Applause.] Multitudes of 
both the political parties at Washington and 
throughout the free States viewed the repeal 
of the Missouri Compromise as calculated to 
have the effect which Mr. Douglas has boasted" 
it did have, to give over the Kansas Territory., 
to slavery, and immediately those multitudes,, 
having a common faith, began to rally under 
the new organization, not, it is true, for the 
restoration :f the Missouri Compromise, but to 



[••>) 



keep tlie Territory free. How it was to bo 
made free, whether by the restoration of the 

>. Compromise, or by another prohiljitory aet of 
Congress or by such construction of the Con- 
stitution as would prevent the sUxveholder 
risking his slaves in the territories wiis not 
then tally decided, but that free it must and 
should be, was the united voice and unshaken 
determination of the Republicau party. [Ap- 
plause.] 

I refer to this history for this ])arposc: I 

.i,. had spoken and voted against therepal of the 
Missouri Compromise, and when on my re- 
turn home at the close of the long session of 
1854, having published a card that 1 would 
not be a candidate for re-election, I was met 
at the depot in Springfield by Mr. Lincoln. 
He said I had taken the right course on this 
question, and though ho could not ])romise 
me success in a district so largely against us, 
yet he hoped for the sake of the principle, I 
would run, ["That's just like Old Abe,"] and 
ifl would, he would takelhesiump inmy behalf 
I remember his earnestness, and so deeply 
did he impress me tliat the question was one 
worthy of our noblest efforts whether in victory 
or defeat, that I consented. From the cir- 
cumstances I believe that the only considera- 
tion with -Mr. Lincoln was a disinterested and 
yiatriotic desire for the success of correct prin- 
ciple. Little did he or I then dream that for 
the advocacy of that princi})le he was to be 
made President of the greatest nation on 
earth, and his humble friend at the depot, 
(rovernor of one of the greatest Coninion- 
wealthsofthat nation. [Prolonged applause.] 
These were the circumstances under which 
Mr. Lincoln entered upon his great career, 
dreaming of no reward, save the greatest re- 
ward of the true patriot, the consciousness of 
duty perlbrmed to his country — he wielded his 
pondrous logic with such tremendous effect as 
to make his antagonists quail before him — he 
afterwards met the great captain of the pro- 
slavery Democracy in the grandest debates 
which ever occurred in the whole history of 
political controvers}', and triumphed over iiim 
in every contest; kis enunciations of Republi- 
can truths, his statesmanlike comprehension 
and expo-sition of the true policy of the coun- 
try u[)ou the most complicated of all subjects 
brought him eons[)icuously before the peo|)ie; 
the stoiy of his ])lain and siut]tle lite struck 
deep iutothepopular heart till there wasa uni- 
versal conviction among thepei)])le, and they 
felt it in their heart of hearts that Abraham 
Lincoln was the man for the highest office 
within their gift. [Loud applause.] Me was 
accordingly nominated at Chicago as the lead- 
er of that young and giant party which from 
Maine to Minaesoui was rallying under the 
s4;andard of freedom, dotenr.incd to reas.serf 



the great principles of 177G,and to restore the 
Government to its original purity. On the 
6th November he was triumphantly elected — 
and we have met to rejoice over that glorious 
event, and we will rejoice and be exceeding 
glad. ["We will," and applause.] 

What are the points decided by the election 
of Lincoln? I answer that, the solemn ver- 
dict of the American people is, that the consti- 
tution of the United States is not a pro-slave- 
ry Constitution — that the Constitution does 
not place slaves on the footing of other prop- 
erty, and protect them wherever its jurisdic- 
tion extends; tjkit slavery is the creature of a 
local law — that every maitupon the footstool 
of the living God, every man into whom God 
has breathed the breath of a living soul, every 
man everywhere, upon every spot of this green 
earth of ours, is a free man until there is a law 
to make him a slave. [Applause.] This ver- 
dict of the people has re-affirmed the doctrine 
of Mr. Clay, as promulgated on the floor of thu 
L'nited States Senate in L'^oU, a few months be- 
fore his death, in which he said, in substance: 
"You cannot lay your finger upon a clause of 
the Constitution authorizing the slave holder 
to take his slaves into a Territory and hold 
them there'." It re-asserted the doctrine of all 
our Courts of all the States, slave as well as 
free, and of the Supreme Court of the Uniteil 
States, as enunciated by a Marshall and a Jay 
— and it has pronounced a withering rebulvo 
upon the ilva slaveholding Judsres of the Su- 
preme Court, who, in the Dred Scott decision, 
have overturned the whole line of judicial au- 
thority of every civilized State and nation, and 
proclaimed the abhorrent doctrine that slave- 
ry exists by force of th; Constitution, with all 
the elements of property in man in the Terri- 
tories paramount to any popular sovereignty 
in the Territories, and even to the authority of 
Congress itself [Ap])lause.] 

This verdict of the people ha.s uttered a 
fearful warning to the miserable dynasty of 
doughf^iees who have betrayed the free State,'! "" 
which thev represented, and has consigned to 
a pofKieal grave, so deep and dark that no sun- 
light of resurrection shall ever reach him, the 
man whose ruthless hand was laid upon the 
Missouri Campromise — 

'• I>:uli'ii with jjuilt aiiil full iif woos, 

lU-liuUl llicUKfl "UuH'V i;..i-s 

Down t..tluMT,-iuii.-i iiftlif ileail. 

With t-uilli'r-s I'Ursc'H upon liiM lieiiil. 

But aljove all. this verdict has decided that 
a •cumstructlon which is favorablo to the idea 
of freedom shall he given to the Constitution, 
and not a construction f:.ivoraljlo to huinau 
bondage — it has taught us then, when wo 
want a construction, we nmst go l)ack to iho 
men who made the constitution, to those flam- 
ing patriots who struggled round about the 
canms of libertv, and wlio fashioned and fra(u- 



(^) 



ed every section and clause of that Constitu- 
tion, and not to a Stephen A. Douglas, or any 
of the mushroon race of modern proiilaveiy 
politicians. [Loud applause.] And, as our 
fathers said with regard to the Northwest Ter- 
ritory, and as they said with regard to our 
own bright Illinois, and which now stands 
forth in the pride of her power, with her splen- 
did cities, with her fair cultivated fields, pro- 
p-essing in all the arts, beauties and rehne- 
ments of civilization, with a rapidity and gran- 
deur without a parallel — a fair daughter of 
the ordinance of 1787, as our fathers said Illi- 
nois should be free, so we say with regard to 
the Territories stretching ofi' to the Paci- 
fic ocean, they shall remain forever free, and 
by the blessing of God, the clank of no slave- 
chain shall ever be heard upon that broad do- 
main. [Loud applause.] This verdict of the 
people has decided that we will not extend an 
«(vil which has been the source of all our troub- 
les ; which has broken down all our political or- 
ganizations ; which, wherever it goes subverts 
the freedom of speech, of the press, of the po.st 
office, lights up the flame of the incendiary's 
torch, deluges our Territories in the blood of 
our best citizens, arrays the people of one sec- 
tion against the people of another, like hostile 
armies on the field of battle, and if not arrest- 
ed in its wider spread, will rend our L'nion 
asunder, and tear down our political temple 
from '"turret to foundation stone." 

This verdict of the people has decided that 
there are other subjects which should claim 
the attention of the Government than those 
of slavery — that to elevate and dignify labor, 
to ina'.;e it honorable, to open to it the broad- 
est fields and the highest honors and eraolu- 
7uents, are objects worthy of the statesman's 
regard, and hence the people have decided in 
favor of affording protection to American in- 
dustry, of giving free home.s to the poor in the 
Territories, and of a railroad across the conti- 
nent from ocean to ocean. 

But we are told that the South will not sub- 
mit and that the Union is to be dissolved. Do 
vou want my advice on this subject? Then ail 
1 have to say is, Keep cool. [Laughter and 
applause] When the children of Israel, hot- 
ly pursued hy Pharoah and his horsemen and 
chariots, were encamped upon the Red Sea, 
they murnuired. Moses said unto them, " Fear 
ve not, stand still, and see the salvation of the 
Lord." I am glad to see the Republicans 
cool on this question, and I infer from the 
tone of the press they are cool everywhere, 
from Old Abe down to the humblest Republi- 
can in our ranks. ["That's so," and ap- 
plause.] I met a Democratic friend the other 
d.-iv, :ind he seemed to be annoyed because I 
did licit s»««Mn to partake of the sensation. 
[L.-i'ii'liter! S> Mil- nrthirc hs.3 0"currr.ii 



which W8 had not a right to expect before the 
election. We knew there were classes of men 
ill the South who were for disunion — some 
who desired a re-opening of the African slave 
trade and the diminution in the price for ne- 
groes — some politicians of the South, who, 
failing of promotion in the Union are hopeful 
of prominence at the head of a new confeder- 
acy — and a large class everywhere who arc 
fillihusters, and ready for any revolution in 
which they might have a chahce to improve 
their fortunes. In the North, also, we had a 
long list of Democratic journals and orators, 
who, to defe-.t Mr. Lincoln's eleotion had 
flooded the lard and the whole South with 
gross misrepresentations of his opinions and 
designs. Then came fulminations from Wall 
street and heavy houses of trade in our largo 
cities, more alarmed for the safety of South- 
ern indebtedness. Southern trade, and the 
price of stocks, than for any fear of a dissolu- 
tion of the Union. 

I confess I have but little fears of secession 
or disunion. I take the bluster of a few hot- 
spurs of the south as but little indication of 
Southern sentiment. The pugnacious little 
State of Sovth Carolina has been talking about 
disunion ever since she came into it. And 
though a few Senators, postmasters and judges 
have resigned, yet no federal law ha.s been re- 
sisted, no fort has been seized, and the collec- 
tion of the revenue has not been obstructed. 
The Southern fire-eaters have not yet looked 
all the ditficullies incident to an independent 
national organization in the face, and have 
not seen, as they will soon see, that there i.-i 
not an evil of which they complain which will 
not be magnified infinitely out of the Union. 
South Carolina, with scarcely more men and 
resources than this Congressional District; 
why, she would starve out ; her banks would 
suspend; her markets would be cut oft"; and 
her people borne down by poverty andta.\a- 
tion too grevious to be borne, would very 
soon knock at our doors for re-admission into 
the Union. 

As to a manifesto from Mr. Lincoln to 
quiet the fears of the South I say never, never. 
["Never, never ;'' and loud applause.] Mr. 
Lincoln is not responsible for the excitement. 
Let those who have kindled it put it out. Mr. 
Lincoln will say nothing to the South, which 
he has not already said. He will not bud^e 
from the jirinciples laid down in his speeches 
and the Republican platform, (applause.) 
Jle will be mild but firm. lie wil' havegrea^ 
disposition for conciliation, but none for com- 
promise. "He will stand in courageous fidel- 
ity the by Constitution, theRepublican platform 
and the Declaration of Independence." If 
the madness of ambition precipitate disuiiioi> 
um! i'.\\a. 'v.--, he vi'.n snv with a ckar i-uc- 



science he U m no wiae reapo&aiLia for it. iield of thd reroiution, proclairaed to tha 
("Thfit's 80,'') He has agaiu and again de- American people as the true and solid basi;* 
clared that he is opposed to any interference of our national prosperity. I am for one, pr«- 
in the affairs of the slave States; that the pared to say that if the Union is to be disolv- 
States are sovereign, and have the right to ed fijr any such reason, it is time we were 
order and control theirdomestic institutions in knowing it. [' Right," "right," and applause.] 
their own way — that while he regards -slavery It is time the question was tested. Whether 
as an evil, yet he recognizesthe right of South the South really intends to dissolve the Union 
Carolina to cherish her institution if she de- or not, the result of the election has informed 
sires, and to hold her slates as long as she her that the independent judgment of the 
pleases. His opinions are eminently conser- American people cannot be coerced by inso- 
vative. When asked at Cincinnati hrw he lent threats of secession or disunion to vote 
■would treat the South, his reply was, as broth- for other than the man of their choice. Now 
■ers, and as Washington and Jefferson treated the time has arrived when the American peo- 
them ; and that he advocated no principle on pie are to know whether they are to have the 
the slavery question which was notadvocated President of their choice, elected in accor- 
by Washington, Jefferson and Madison, dance with the Constitution. Let us know 
Thousands of Southern people entertain every for once and forever whether a majority or 
.sentiment of the Republican party: but our minority shall rule? Let us k'low whether 
Northern papers, and Northern speakers have the millions of freemen of this nation are to 
been carefully kept out of their sight. No get on their knees to Slavery at every Presi- 
man, no paper is allowed to speak in the dential election? [Applause.] 
South which does not denounce Republican- We know what Mr. Lincoln's Administra- 
ism as something akin to treason. JJemocrat- tion will be. We believe it will not be one 
ic orators in the North and in the South have year till the whole South, except the traitors 
represented Mr. Lincoln as in favor of bent on disunion any how, will hail the elec- 
abolishing slavery in the States; as de- tion of Mr. Lincoln as one of the greatest 
signing a warfare upon the institutions of blessings. ["Good'' and applause.] With- 
the people of the slave States — that he was in out encroaching upon the rights of any State 
favor of freeing all the negroes, and for an the Federal Governmcntwiil withhold support 
unrestricted political and social equality of the to slavery in the Territories, and oppose its 
black and white races. These misrepresen- extention, and the reopening of the African 
tations have been quoted by Southern i)apers slave trade. This will be an end to the sla- 
and Southern speakers until the negroes them- very question. Indeed, the Republicans are 
selves began to look forward to the election the best friends of the South — they guaran- 
<j{ Mr Lincoln as to a day of jubilee, and the tee to the people of the slave States every 
briglit vision of a happy Canaan, where they Constitutional right, but claim for the Terri- 
fihould know oppression no more, has been torie-s the policy which their own great states- 
Hitting through their imaginations. Now let men inaugurated, and say that this great evil, 
those who are responsible for the excitement the .source of all our troubles, siiall not be 
in the South issuetiieirmanifestoes. ("Good,'' further spread into our Territories to cunse 
and applause.) Mr. Lincoln will bide Iiis and degrade them and their children, andus 



time. He is not President yet. IftheSonih 
sees fit to believe these slanders upon Mr. 
Lincoln's views and designs. Democratic ora- 
tor.s and presses in the North and South are 
responsible for the hostile position and trea- 
sonable demonstrations of the South ; and 



andour children, for athousand years to come. 
Here we hold out to them the olive branch of 
an eternal peace ; of a perpetual, unbroken 
union. [Apjjlause.] Give Mr. Lincoln'.s 
Administration but a fair trial, and the South 
would soon settle down in the enjoyment of 



let tho.se leaders issue their manifi?stoe.s, re- all her Constitutional rights; slavery exten- 

oa 1 their infamous slanders and quiet the sion and the slave traffic would cease; all 

fears of the Southern malcontents, and if the laws would be faithfully enforced ; har- 

theywill not do this let the consequences of mony would be restored, and a bright and 

their acts be npon their own heada. (Ap- eternal sun.shine of union and peace smile 

planse.) on all the hillsides and valcys of the land. 

Will it not be a sad commentary upon our [Applause.] 
free institutions, a sad termination of the 1 cannot speak for Mr. Lincoln, nor do I 

Government of our fathers, if the Union know the emergencies he has to meet, but I 

which they formed is to be di.ss(')lved for no have every confidence in his ability to meet, 

other reason than that the majority of the whatever crisis may come. I have known 

people have elected a President, whose crime him too long and too well to doubt either hia 

js that he proposes a recurrence of those prin- prudence or his courage. I know that eve-y 

ciples which our frtf hers, ficsh (TOjn tLoljiocdy df-^ire of his he;ut i<? for pca<'(V but, if »iccsk- 



sion iloniaiuls, South Cnvoliiia will (uui in him ;itu1 the iioi)ul!ir hoart elovuted to higlier and 
lhi> true metiil, the fire and flint, the pluck of nobler iiim.s and all our j^reat interests of 



old -lliokory himself [Tremendous a}t- 
plause.] 1 would disdain to utter the words 
of iho mere politieal bra.n'iart, but, then, I do 
.<ay, that while the most abundant caution 
should be used and the olive branch of peace 
juid conciliation should bo extended, yet the 
election of a President by a majority of the 
people is no excuse for treason, and that ail 
the power of the (government sliould be 
brought to bear to crush it out wherever it 
shall rear its unsightly head. [Long and 
loud applause.] 

For a quarter of a century or more have 
certain malcontents of the South, to subserve 
the vile purposes of j>ersonal ambition, set at 
naught tne lessons of Washington and cal- 
culated the value of the I'nion. Now let it 
be, from this time henceforth, the united sen- 
timent of all patriotic minds of America, 
witliout regard to party, that come what may, 
at all hazards, tlie spirit of disunion shall be 
so signally rebuked, that in all the years of the 
future it shall not dare to raise its hideous 
visage to mar the peace and quiet of the land, 
[r.oud applause.] 

I would not make lightly of the I'nion. As 
1 look over our great country, our rivers and 

lakes, our free mountains and broad valleys, selves have dared, for the sake of principle, 
our flourishing commerce, our agriculture, to face the false epithets of abolitionist and 
reaping harvests such as the wourld never negro equality. And I am glad to say I 
saw; our free civilization, striking its roots have found it to be true, that if a man plants 
tleep down into those prineij>!es of truth and himself upon truth and the riirht, and with re- 
pistii"e, eternal as God. — as 1 look at our solute and unt'altering purpose pursues it, 
"Government so free, onr institutions so noble, time and patience are only required t>) bring 
iL^ur boundaries, so broad, our beau:it"ul sister- the American people to adopt it, and to re- 
luxni of common-wealths, united by the nndy- ward him with sure and glorious triumph, 
ing memories of the past, by the prosperity of [Loud applause.] 
the present, and by the precious hopes of the I .say to mv young friends, stand np for the 



commerce and agriculture advanced'to a de- 
grcesurpassing even the hitherto unparallelled 
progress of the country. I will not believe 
that this American Union is to be dissolved. 
I have too much faith in the people, in the 
Constitution, in freedom and humani'.y to 
believe any such thing. Before such an event 
shall be consummated. South Carolina and the 
politicians who have trilled, and blustered, 
and threatened, will find out the spirit of '7t'> 
is not finally extinct, and that there is an aw- 
ful, frightful majesty in an uprisen people. 
[Loud applause.] 

I rejoice with unspeakable joy in this great 
victory, because it tells us how good it is ti) 
stand up for the right We can recollect 
when we were denounced as abolitionists, and 
our names ca.st out as evil for the utterance 
of the most patriotic and manly sentiments, 
but true to our country, we hare live<.l to see 
that feeble minority become a majority, and 
truth, liberty, and the right gloriously triumph. 
And I say to my Republican friends tivnight, 
your triumph is great because you have elect- 
ed the man President who dares to plant him- 
self witli a feeble minority on the side of truth. 
[Applau.=-o ] You rejoice because you your- 



right. If you would be on the strong side, 
l>e on the right side, for even in politics ini- 
quity has its punishment. Example. Stephen 
A L'ouglas. [Laughterandapplau.se.] Vir- 
tue has her rewaed — example Abraham Lin- 
coln. [Applause. Be on the right side, and 
I tell you God has implanted in the human 
heart the love of liberty, and the hatred of 
oppre.ssion. I tell you the people of a free 
State will vote for free labor and free Teri-i- 



Vuion, I feel to exclaim : 

";!«il on. oil! -■'hip of J^tate. 
Tiion. tixx .<ail »«»»! «h Vuioii strong: and grvtit, 
Uuin»ii!ty with »11 its toars 
■Witti sUl tl>o i>»p<>s of ivu:itlc<s yoaj-s, 
Is liiuijrtjig brcathloss ou tliy fate." 

But in vain shall be this invocation if the 
Government is powerless to suppress treason. 
«nd if the suggestionsof timidity and coward- 
ice shall rule our national councils. [-\.j>- 
pl.-xnse.] ^ 

I repeat, that .so hrm is my belief in thein- tory just ns naturally as the water flows dovvn- 

tcgrity, in the purity of motives, in the patri- wai-d or the , spark fly upwanl. [Apphiuse.J 

otism of Mr. Lincoln; yea, I believe there is I tell you it is sure as if God had written it 

« Providence in it. and that Mr. Lincoln is in ilaming fire on yotider sky that the party 

raised up tor this crisis, as WasWngton was in this country which plat-es itself on tlu; 

lor the Ucvohition. [So do T, fi-om all jmrts immutable principle of human i"i-e«dom, will 

of4he crowd] I believe that fivm the day of trinmph over all the opposing powers of slavo 

his inanguratioii wil! commence » new era — domination and slave extension, [r.oud ut>- 

a caieer ti>f new and wonderful progress — in plause and the crowd n.>se to their feet »nvl 

wlizetl all swtioa^l jealousies wil! bo merged, gsivc cheer aftrr cheer Sr the Governor elect.] 



GOVERNOR'S MESSAGE, 



Executive Department, 

Sjyrhigfield, April 23, ISGl. 
7b the Senate and House of Bep7rsentaf{vcs of the State of Illinois : 

Gentlemen — The CcMistitiition authorizes nic on extraordinary oc- 
casions to convene the Legislature in special session. Certainly no 
occasion could have arisen more extraordinary than the one which is 
now ])i-csented to us. A j)lan conceived and cherished by some able 
but misguided statesmen of the Southern States for niany years past, 
founded upon an inadmissible and destructive interpretation of our na- 
tional constitution, considered until very recently as merely visionary, 
has been partially cari-ied into practical execution by ambitious and rest- 
less leaders, to the great j)eril of our noble Union, of our Democratic 
institutions and of our public and private prosperity. 

The ])opular discontent, consecpient inevitably upon a warndy contest- 
ed Presidential election, which heretofore has always soon subsided 
amongst a peo]>le having the profoundest respect for their self-imposed 
laws, and bowing respectfully before the majesty of the popular will, 
constitutionally expressed; this discontent was in this instance artfully 
seized upf)n, and before there was time for the angry passions to subside, 
one State after another was precipitated out of the Union by a machine- 
ry, wanting in most instances, the sanction of the people in tliQ seceding 
States. 

No previous efibrt was made by the disloyal States to procure re- 
dress for supposed grievances. Impelled by bold and sagacious leaders, 
disnnionists at heart, they spurned in advance all proffers of compromise. 
The property of the Union, its forts and arsenals, costing the people of 
all the States enormous sums of money, were seized with a strong hand. 
Our noble flag, which had protected the now seceding portions of the 
confederacy within its am]:)le folds in their infancy, and which is the 
pride of every true and loyal American heart, and which had become 
respected and revered throughout the world as the symbol of democracy 
and liberty, was insulted and trampled in the dust. 



2 

All this time ttie Federal Government, intent upon peace, trusting that 
forbearance would restore frieTidlv relations and remove the alienations 
founded upon delusive apprehensions of ao-gressions upon Southern 
rights, exhibited an indulgence and toleration of wrong and insult from 
our erring brethren unparalleled in the history of nations. JSTo impedi- 
ment was thrown in the way of men who had openly disowned and trea- 
sonably defied their government. Their mail facilities and commerce 
were not interru})ted. The utmost liberty of speech and the press were 
tolerated, allowing them with impunity to express their views in all the 
loyal states. They had uninterrupted ingress and egress, and were per- 
mitted to mingle with the citizens of all the other states without moles- 
tation, and to disseminate their doctrines everywhere. The action of the 
government was confined to a passive resistance and to the holding, occu- 
pyino- and possessing the property of the United States. Invasion was 
not only not threatened, but distinctly disavowed, both by the former 
and present administrations. 

In the meantime, strenuous efforts were made by union men in the 
border states, and in the free states, to bring about a reconciliation. 
Congress proposed by a decided vote an amendment to the constitution, 
by which all apprehension of an interference with the domestic institu- 
tions of any state, was to be quieted by giving to the universally pre- 
vailing sentiment of snch non-interference the highest c<«nstitutional 
sanction. Territorial bills were passed, which did not contain any asser- 
tion on the part of Congress of the right to prohibit slavery in the ter- 
ritories, so that the perplexing territorial question, as regards the insti- 
tution of slavery, was virtually set at rest. 

A conference of commissioners, at the instance of the Commonwealth 
of A^ir2:inia, was held at the Capital, attended by nearly all the border 
states and all the free states, with but one or two exceptions. Proposi- 
tions of a highly conciliatory character were adopted by a nuyority of the 
free stated represented in said conference ; but before Congress had even 
time to consider them, they were denounced by leading men in the border 
states, and by almost every one of their members of Congress, as un- 
satisfactory and inadmissible, though they met the approval of the best 
patriots and of the mass of the people in the border states. The se- 
ceded states treated them with the utmost contempt. That, under such 
circumstances, and when no practical object could be obtained, the rep- 
resentatives of the free states declined to adopt them, is no matter of 
surprise. 

A proposition, first made by the legislature of Kentucky, for the call 
of a National Constitutional Convention, as provided in the constitution, 



for the redress of all a^riovances, niidoubtecllj the best and surest mode 
I of settling all difficulties, was responded to bj Illinois, and by many 
^ other free states, and such a convention was definitely recommended b}'' 
tK the present administration on its advent to the government. Enough 
* had been done by the border and free states to satisfy every rational 
$ mind that the South would have nothing to fear from any measures to 
^ be passed by Congress, or even by any of the state legislatures. 
Hv Public sentiment M'as everywhere, in the free States, for peace and 
comprouiise. r No better proof could be required, that the conspiracy, 
which has now assumed such formidable dimensions, and which is 
threatening the destruction of the fairest fabric of human wisdom 
and human liberty, is of long standing, and is wholly independent 
of the election of a particular person to the Presidential office, than 
the manner in which the seceded States have acted toward their loyal 
brethren of the South and Xorth since they have entered upon their 
criminal enterprise. We nuist do them, however, the justice to say, 
that all their public documents, aiid all the speeches of their control- 
ling leaders, candidly admit that the Presidential election has not been 
the cause for their action, and that they were impelled by far different 
motives. 

So forbearing and pacific has been the policy of the Federal Govern- 
ment — anxiously hoping f jr a return to reason in the minds of our South- 
ern brethren^ — that they were suffered to erect their batteries in the jaws 
of our guns at Sumter — finally losing to us that strong fortress by the 
most unexampled forbearance and reluctance to the shedding the blood 
of our countrymen. And a simple attempt, on the part of our Constitu- 
tional Government, to provision a starving garrison in one of our forts, 
of which the revolutionary authorities had received official notice from 
the Government, has been made the occasion for a destructive bombard- 
ment of that fort. Overpowered by numbers our gallant men had to 
lower our glorious flag, and to surrender on terms dictated by rebels. 

The spirit of a free and brave people is aroused at last. Fpon the first 
call of the constitutional government they are rushing to arms. Fully 
justified in the eyes of the world and in the light of history, they have 
resolved to save the GovernmenI: of our Fathers, to preserve the Union 
so dear by a thousand memories and promising so much ofliappiness to 
them a'-ul their children, and to bear aloft the flag which for eighty-five 
years has gladdened the hearts of the struggling free on every continent, 
island and sea under the whole Heavens. Our own noble State, as of 
yore, has res]")onded in a voice of thunder. The entire mass is alive to 
the crisis. If, in Mexico, our Hardin and Shields, and Bissell and 



l':ik(M', and llu'ir gallant coinmdos, wcm-o iouiid closest to their colors, 
and in (lu' tliirkest of the Hii'ht, and slicd inipcrishahk' histre npon flic 
lainoand ,:;'lorv of Illinois, now that the strui;'i;'le is Cor our wvy nationality-, 
and tor the stars antl strii>es, her every son w ill be a soldier and bare 
his breast to the storm ol' battle. 

Tho attach npon Fort Sumter produced a most .siartlinu' transtbrmation 
on the Northcni mind, and awakened a sleeping' j^iant, and served to show, 
as no other event in all the history of tiie past ever did. the dee])-seated 
fervor and ailection w\\\\ which our whole people reuard our glorious 
Union. Party distinctii>iis vanished, as a nu.^t, in a single night, as if 
bv magic; antl pailiesaud parlv platlbnns were swept as a moruirg dream 
from thennuds of men; anil now men of all parties, by thousands, arc 
begging for })laces in the ranks. The blood of twenty nnllion.s i)f freemen 
boils, with cauldron heat, to re[)lace our national lla^- upon the very walls 
^vheuce ii was insulted and by traitor hands pulled ilown. Every \ il- 
lage and lumdet resounds with beat of dium and clangor of arms. 
Tiiree hundri'd thousand men wait the click of the wires for marching 
orders, and all the giant energies of the ^Jorthwest are at the comnuind 
of the government. Those who have supposed that the })eople of the 
free States will not tight for the integrity of the Union, and that they 
-will sutler aimthci- government to be carved out of the boundaries of 
this Union, have hugged a fatal delusion to their bosoms, for our people 
will wade through seas of blood before they will see a single star or a 
solitary stripe erased from the glorious Hag of our Union. 

The services already rendereil me, in my eihuis to organize troops, 
provide means, arms and pro\isions, by distinguished members of the 
party, hitherto opj^osed to me in ])olitical sentiments, are beyond all 
praise, and are, by me, in behalf of the State, nu>st cheerfully acknow- 
ledged. There are now more companies recei\'ed than are needed 
under the Presidential call, and almost unliuuted nuud)ers have formed 
and are forming, awaiting fm'iher orders. A single inland county (La 
Salle") tenders nine full companies, and our principle city (^C'lucago) has 
responded with contributions of men and money worthy of her fame 
for public spirit and }nitriotie devotion. Xearly annllion of money has 
been olfered to the Slate, as a loan, by our ])atriotic ca]»italists and 
other jtrivato citizens, io pay the expenses connected w ilh the rai^ing o\i 
our State troops and temporarily providing I'or them. 

Civil war, it nul^t be confessed is one of the greatest calamnities 
which can befall a peoi)le. And such a war. It is saidi "when Greek 
meets Greek then comes the lug of war.'' When American shall i. eet 
American — when the tirey, impetuous valor of the South tliall come iu 



contact witli the cool, (loteniiiiicd bi'aveiy of the iS'(jrtli, then Ijlood Avill 
flow to the horses' bridles. Would that ihe caUuriilj mi^'lit be averte<l! 
But the destnictioi) of our ^'ONerunient is a far greater evl'. A govern- 
ment which is the hope of the world — ])roiniHiiig more of happiness to 
us and our childi'en and the millions who are to come after U8, and to 
the strug;j,ling free in every land, than any government ever invented 
by iniiu, '/iiutil not, /s/uill not, be desi/'ot/cd. 

A govornnient tluit subirnts to [)eaceable secession signs its own death 
waiTant. What would Ix- left of our Union? No matter how nuiny 
States it might fur the j)resent still comprise — this would give us not a 
moment's guarantee against further dissolution, if the right to secede 
once wei'o peaceably tolerated. Government is estal)lished f(jr tlie pro- 
tection of I'ights and pi'(»j)erty, and whc'ii built u])on the princijilo of 
voluntary dissolution, it ceases to furnish that ]>i'otection ; it ceases to be 
a govei'iiment under which rational men can live. 

We draw the sword then, not in a spirit (»f indignation oj- rcsvenge, but 
clearly and unmistakably in self-defense, and in th(^ jtroteclion of our 
own i-ights, our libei'ty, and security for our ])roperty, in a word, Ibr tho 
nearest and dearest interests of ourselves and our posterity, I have thus 
spoken, because an impression may still ])i-evail in tlu; nnnds of some, 
that this conflict was one of our own seeking, and one which nnghthave 
been avoided witlunit any imnn'nent danger to the yet loyal parts of tho 
counti-y. 7 /tin is not ho. Stcesnioii. han Irrougid about ita inevitable re- 
aults, and vje must crush it, and treason 'wherever theij raise their unsKjhibj 
heads, or perish ourselves. 

In this sudden emergency, when the call was nuidc; by tlie JVatioiud 
Government, I Ibnnd myself greatly embarrassed, by what still I'emaiiis 
on our statute book, as a militia law, and by the entire wantof oi'ganiza- 
tion of oui- militai'y foi'ce. A great ])oi'tion of this law has grown entirely 
obsolete, and cannot be cai'ried out, and moreover is in conflict with the 
insti'uctions of the war department, which laller are based on the various 
militai-y laws of the United States now in force. Butas far as possible, I 
have nuule an effort to keep within the ]>rovisions of our law, 

I ha\e to call your attention most emjdiatically to the enactment of 
a ])racticable militia law, as recommended in my Inaugural Addi-ess, 
which should recognize the ])rinciple of volunteering as one of its most 
j)r(»niiiient features. It ought to be ]»lain and intelligible as well as 
concise and comprehensive. It ought to provide tor mr.ny emergencies 
and futni'c contingencies, and not foi- the ])resent moment alone. I trust 
that our conllict M'ill not be a protracted one ; but il' it untbrtunately 
should be, we may Avell expect that what is now done by enthusiasm, 



6 

arid ill tlio first oftcrvcsccnce of popular excitement, may hereafter have 
to be (lotie by a stern sense of (hity, to be i-egnlated by an er[nally stern 
law. Trials may come, which can only be met by endurance and pa- 
tient performance of prescribed duty. 

I deem the passage of a ^vell digested militia law the more necessary, 
as it seems to me, that the present levy ot troops, which will soon pass 
nnder the control of the General Government, is insufficient to protect 
our State against threatened invasion, and such commotions as frequently 
follow in the train of war I would recommend to keep an active militia 
force, consistingof infantry, cavalry and artillery, for sometime to come, 
at least; also a reserve force for protection against dangers of any kind, 
and for the ])urpose of readily comply iug from time to time, with the 
retpiisitions of the General Government. 

It is for you, representatives of the people, if you coincide with my 
views in this respect, to ])ass the proper laws to accomplish the objects 
recommended to your most earnest consideration. 

In the organization of troops, the collecting of provisions and arms 
and munitions of war, preparing a camp, employing vai'ions agents to 
carrv out the orders which had to be given for these purposes, some 
expenses have been already incurred, which cannot be met by the con- 
tingent fund, which you are aware is a very limited one. The expen- 
ditures which will have to be made before our troops are mustered into 
the service of the United States, though they will all be refunded by 
virtue of the now existing laws of Congress, and consequently will not 
burthen our treasury ultimately, will have to be borne for the present 
by ns. Slunild you, as I earnestly hope, provide for an active force of 
militia, to be ke[)t up for a time to be- limited by your wisdom, a con- 
siderable expenditure will have to be incurred, and it will have to be 
provided for by a loan, the taking of which is already secured by the 
••■enerous, patriotic and ample tenders of our own fellow-citizens. 

To this end, I recommend the aiipro]nMation by the Legislature of a 
sum not exceeding three millions of dollars, so much of which only is 
to be expended as the public exigencies may recpiire; and I would fur- 
ther recommend that a law be passed authorizing the Governor to 
accept the services of ten regiments, in addition to those already called 
out by the General Government. 

Though the Constitution has very properly restricted the contracting 
of a public debt in all ordinary cases, it has, with commendable fore- 
sight, provided tVn- cases of emergency such as the present, in allowing 
loans to be made "for the ]Hir])ose of re})elling invasion, suppressing 
insurrection, or defending the state in war." I invite you to a prompt 



7 

action on this all-important snl»ject, and feel no licsitation that you will 
come forward with a zeal and alaci-itj, in providing am[)le means for 
the present emergenc_y, correspunding to the devotion of our people to 
their sacred honor and their glorious Hag. 

It lias come to my knowledge that there are several thousand stand 
of arms scattered over the state, which are, however, not of the most 
approved construction, and need to be exchanged for others, or to be 
provided with the more modern appliances to make them serviceable. 
I have already instituted means to have these collected at the State 
Armoi-y at the Ca})ital, and what disposition shall be made of them is 
respectfully submitted to your consideration. 

Other measures may be necessary by you for the purpose of lending 
efficient assistance to the General Government in preserving the Union, 
enforcing the laws, and protecting the rights and property of the people, 
which I must leave to yonr judgment and wisdom. As one of such 
measures, however, I recommend the propriety of passing a law 
restraining the telegraph in our State from receiving and transmitting 
any messages, the object of which shall be to encourage a violation of 
the laws in this State or the United States, and to refuse all messages 
in cypher, except when they are sent by the State or National authori- 
ties, or citizens known to be loyal. 

And now, as we love our common country, in all its parts, with all its 
blessings of clinuite and culture ; its mountains, valleys and streams ; 
as we cherish its history and the memory of the world's only Washing- 
ton ; as we love our free civilization, striking its roots deep down into 
those principles ot truth and justice eternal as God ; as we love our go- 
vernment so free, our institutions so noble, our boundaries so broad, as we 
love our grand old flag, "sign of the free heart's only home," that is cheer- 
ed and hailed in every sea and haven of the world, let us resolve that w^e 
will ])reserve that Union and those institutions, and that there shall be 
no peace till the traitorous and bloodless palmetto shall be hurled from 
the battlements of Sumter, and the star-spangled banner in its stead 
wave defiantly in the face of traitors, with every star and every stripe 
flaming from all its ample folds. 

Gentlemen, I commend the destiny of our noble and gallant State, in 
this its hour of peril, to your wise and patriotic deliberations and prudent 
and determinate action. May the God of our lathers, who guided our 
Washington throughout the trying scenes of the Revolution, and gave 
to our fathers strength to build up our sacred Union, and to frame a go- 
vernment, Avhich has been the center of our aftections and the admira- 



8 

tkm of the world, be still with ns, and preserve onr country from des- 
truction 

In tlie firm belief, that we ar# in the hands of a Supreme ruling pow- 
er, whose will is wisdom, let us manfidly maintain our rights and our 
Constitution and I'nion to the last extremity. Let us so act that our 
chiKlren and childrens' children, wlien we are laid in the dust, will hold 
\ us in grateful remembrance, and will bless our memories, as we do now 

bless the heroes and patriots who achieved our independence, and' 
transmitted to us the priceless heritage of American liberty. 

Kespectfully, 

RICHARD YATES. 



SPEECH OF GOVERIOR YATES, 

AT THE GREAT WAR MEETING AT CHIGAGO, AUGUST 1, 186L 



The Chicago Tribune gives the following ac- 
count of the meeting: 

Last evening witnessed another patriotic up- 
rising of the people of Chicago, not at all inferi- 
or to its predecessors either in numbers or en- 
thusiasm. Tne visit of Governor Yates to this 
city on matters connected with the raising of 
the new regiments required from lUiaois under 
the call of the President, was made the occasion 
on the part of the Board ol" Trade for a call for 
a public meeting, at which the citizens of 
Chicago could have an opportunity to meet the 
Governor and listen to his views upon ti.e pres- 
ent crisis. Tlve meeting was iirst called for 
Brj-^an Hall ; but it soon became evident that 
that hall would not hold a tithe of the numbers 
who would seek admittance, and it was ad- 
journed to the Court House Square. The re- 
sult of this stiows that the Board of Trade 
Committee did not misunderstand the temper 
of our citizens in the present emergency. By 
eight o'clock, as ihe shades of evening began to 
gather, the men, tha bone and sinew of Chicago, 
came around the southern entrance of the Court 
House, and by half past eight the entire 
enclosure between the Court House and 
Washington and Clark streets was densely 
packed with people. At least ten thousand 
persons were present, ail animated with one 
common sentiment, a patriotic zoal for the sal- 
vation of our country. A notable feature of 
the meeting was the hearty approval of every 
sentiment endorsing or advocating the freedom 
of the slaves. Each speaker favored the em- 
ployment of negroes in the suppression of this 
rebellion, and each was enthusiastically ap- 
plauded. Hereafter, in Chicago, the advocate 
of human freedom, of right against might, i§ 
sure of an enthusiastic welcome at the hands of 
our citizens. 

The meeting was called to order by his honor, 
Mayor Sherman, who introduced his Excellency, 
Governor Yates. After the applause which 
succeeded his introduction, had subsided, the 
Governor came forward and addressed the au- 
dience as follows : 



SPEECH OF GOVERNOR YATES. 

Fellow -citizeus of the City of Chicago : — I 
thank you heartily for this cordial welcome. I 
receive, however, your loud and generous cheer- 
ing, not as designed for me, but given in com- 
pliment to the great cause in which we are all 
engaged. I have not been in your midst for a 
year past, but we have known each other well 
as co-operators with all loyal men in the great 
work of saving our country from the perils which 
beset her. 

I came here, to-night, fellow-citizens of Chi- 
cago, for a double purpose : First, as the Gov- 
ernor of the State of Illinois, to return you my 
sincere thanks for the efficient aid which you 
have rendered mo in carrying out the requisi- 
tions of the War Department; and without 
which aid I am free to confess that the admin- 
istration of State affairs must have been very 
difficult if not almost unsuccessful. In yow I 
have always found faithful laborers and co- 
workers. When the storms of caluinnj'^ have 
assailed me, you have nobly, generously and 
magnanimously sustained my feeble arm, and 
enabled me to carry on my efforts in common 
with those of other loyal men to save our bleed- 
ing country. [Applraise.] My heart goes out 
to you to-night that you have assisted me and 
sustained me in this trying time. 

It has been my lot to be placed at the head 
of State allairs in the very midst of times to try 
men's souls. Instead of the office of Governor 
being a tame, quiet, dignified sort of position, 
in which he exercises the powers of appointing 
Notories Public and pardoniiig criminals out of 
the penitentiary, I have found fellow- citizens, 
that I truly bought the elephant. [Laughter 
and applause.] It has been no slow train, but 
2:40 all the time, and sometimes a mile a minute; 
and during all this hurry and struggle and 
tumult, you have given your united support, 
without distinction of patty, to the vigorous 
measures which have been instituted in this 
State for the successful prosecution of the war. 

Fellow-citizens, I am proud of the city of 
Chicago for these things — proud of her as the 



s 



boftutiful Queen City of the Lakes — aathe centre 

of I'onuiu'ifo ami tnido.with such magniticoiit 
;'niiii aiui luiulu-r niniUots, so supi-rior in all the 
lonuMitvS of piMispcritY, in the I'loganco of tho 
aroliitootiiro of lur private rosidonci-s ami pub - 
lu' odilii'o.s, in lior sohools and colleges, in her 
vast system of railroads concentrating here 
ihoimat.cls upon tliousands of miles of railway, 
which day by ilay and night by night send 
forili their tnyrisds t.'^l' wheels to bring in and 
carry away the immense cargoes of your com- 
merce. Hnt transcending these, towering above 
them, 1 adnnre most your magnificent muniti- 
ceiice, your liberality so boundless, and your 
organized and exhaustless energy in supporting 
your country in this her hour ^.A' trial. You 
have sent your numerous regiments into the 
field, composed of men as brave as ever drew 
the sword or shouldered the musket — men, 
lellow-ciiizens, who have g(>ne out and breasted 
the storm of battle and borne your ting tri- 
umpliant upon every field upon which they have 
engaged. Th" bones of thousands of those 
barve and gallant spirits now repose u}H">n the 
banks of the Oumberlaud and Tennessee and in 
the wilds of Arkansas. 

"Tlifv sltvp (fiolr l.ist sloov: ">''>' I'avo foucht their lixst 

balilo; 
No iiiun.l shnll it\T!tk<> (hem to glory (vjsMn.'' 

Hut, fellow-citizens, as long as the human 
heait is swayed by the impulses ol gratilude, 
you will cherish their memories, and their names 
shall be preserved in the archives o( the State, 
to bo tran.^mitted to posterity as immortal he- 
roes, who first went forth with life in hand to 
stand between their country and the traitors 
who would destroy it. [.Vpplause] 

And then, fellow-citizens, you have respond- 
ed nobly m money as well as men. launortal 
honor to your Sanitary Oommission — to your 
public authorities — to your Hoard of Trade -to 
your railivad companies ! Immortal honor to 
them all 1 For I stand betbre you, a living wit- 
ness, to-night, to testifiy that I have seen the 
supplies that they have furnishe.i upon the 
banks of the Cumberland, the Tennessee, and 
the Mississippi. In the hour of need, 1 have 
tound them ready to my hand, upon our State 
biViis and upon the boats of the I'nited States. 
Lasting honor to your surg<.>ons. among them 
your Hrainards. your McVickers, your Uoones. 
your Johnsons, and a host of others — your 
agtMits and nurses, wheiu 1 have seen standing 
day by day and night by night over the aus of 
your dying soldiers. And immortal honor also 
to the ladies of Chicago. 1 have soe.n in the 
tent of the soUiier the bright evidences of tender 
woman's handi.vork, the shining traix's of her 
benevolence; and prayers have gone up to tt\)d 
and blessings been invoked upon the noble, 
foarless women of Illinois for their inviUuable 
and unceasit\g contributions to relieve our sick 
and dying soldiei^s. 

And now that anothrr call is made for tri^o{vs. 
1 find that Chicagi> responds with renewed 
cheerlulne«>s and liberality. 1 am gratified by 



the announcement that your Board of Trade 

and your private citizens, with a munificence 
and liberality worthy of all imitation, have con- 
tributed some two huiulred and Iifty thousand 
dollars to the support of this war in giving 
bounty to the soldiers who will enlist to go forth 
to defend our fiag. 1 say, 1 came l)ere for the 
jnnpose of thanking you for these things, my 
feliow-citi7,ons. 

The other object which induced me to risil 
you upon the present occasion, was to talk ti> 
you upon the subject of the crisis wl\ich is now 
before the nation, and to encourage you, as it is 
my design to encounige other parts of the State, 
to do all you can, to make every efiort at this 
time in crushing out the infernal rebellion 
which, with red hands and demoniac intent, is 
aiming a fatal blow at the life-blood of our 
nation. 

The history of this controversy is full of in- 
terest. In 1S20 the nation was excited to its 
profoundest depths upon this subject of seces- 
sion. The debate between Mr. llayne and Mr. 
Webster upon Mr. Foote's resohitif>n in the 
year l8'Jt>. is one of the most memorable in the 
history of forensic controversy. It required at 
that time all the powers of the giant mind, the 
ponderous logic and the godlike eloquence of 
Uaniel Webster to give a quietus to the spirit 
of secession. In the year IboiS it thrust Us 
hvdra head agai'i into the halls of our National 
Council, and it then required the iron will and 
stern energy and determination of oen. .Jackson 
to quell it. Then it was that he uttered those 
memorable words; "Hy the Eternal! This 
Union must and shall be preserved." [L.nid 
applause.] 

Ever since then for a perioii of thirty years, 
the doctrine has been perseveringly promulga- 
ted in several of the Southern State — stalking at 
times like a ghostly demon through the halls of 
our National Capitol. It grew stronger and 
stronger until the meeting of the Charleston 
Convention in ISoO. when our illustration Sen- 
ator, Stepen A. Oougias. 1 cheers! was uncere- 
moniously kicked out of the t'harleston t^'onren- 
tion because his great heart and mind knew no 
i other policy than the preservatii>n of these 
I United States "now and forever, one and insepe- 
j rable." l.\pp!ause. ] Fellow-citizens, it then be- 
I came evident to every statesn.an and to every 
I close observ.T, that South t'arolina ;tnd lH?r ad- 
I herents, meant what they had so long threiU- 
I ened. disunion, thie of your Chicago papers, 
j 1 observe, has published at a very timely 
! period the last two speeches of Senator 
! Douglas; one delivered in the eapitol at' 
I 5^>ringfield, and one at Chicago, immediately 
prcceedmg his death. I remember that he said 
' in one of those speeches substantially .%s fol- 
' lows : '• I might appeal to the sentiment of tlie 
: whole North, and to the people ot Illinois in 
' their im^vartial judgment to sustain ine when I 
j say that they regard u as thegreniesterrorof my 
I life that I lean more tow.'inis the ^outhern sec- 
' tion of our country than towards my own." 



i 



But, fellow citizens, his lifo long friendship was 
of no jivaii unless he would surrendi.T his nation- 
ality — unless ho would turn traitor to his coun- 
try — unless he would unfurl the banner of a 
Southern Confederacy, defend the rij^^ht of se- 
cession, the perpetual servitvsdo of the African 
race, and the establishment of a slave aristoc- 
racy. [Th.it's so, and loud applause.] 

This spirit of secession grew stronger 
and stronger until it became evident 
from this act of black ingratiude to their life 
long friend, Stephen A. Douglas, that secession 
■ was a deliberate and settled purpose. I know 
that thousands of our countrymen could not be- 
lieve for a moment that the people of the South 
could bo driven to suca madness as to destroy 
this Government. But to those who knew 
thera well, it was evident that this was a fixed 
and long cherished purpose — that they had 
been educated into the doctrine of secession and 
slavery from 1820 down to the present time, 
and that they would not rest satisfied until a 
separate Confederacy was established. 

It was in view ot this fact and before those 
ditliculties commenced, that in my inaugural 
address to the Legislature of the State of Illi- 
nois, I proposed the most stupendous prepara- 
tions for war. I proposed the arming, drilling 
and equipping of the militia of the State. I was 
assisted in that elFort by man}'' of your valua- 
ble citizon.s - by the lamented Ellsworth, Col. 
Tucker, and others, who assisted me in drafting 
the bills; and if these bills had been adopted by 
the Legislature at that period, Illinois alone by 
this time would have sent an army into the field 
sufficiently strong to have crushed out every 
uprising of rebellion in the Mississippi Valley. 
[Applause] 

Fellow citizens, what were the pretexts of 
this rebellion? It was, as Senator Douglas, in 
one of his speeches declares, on the pretense 
that under the Constitution of the United 
States^ the people of the South could not se- 
sure their rights ; when it was a known fact 
that at that very period the Fugitive Slave 
Law was more faithfully enforced than it 
had ever been during the existence of the 
Government, and it had always been on- 
forced, as well as other public laws. In the 
Constitution of the United States there is a stipu- 
lation that slaves escaping from their masters 
should be returned. The Constitution protects 
the South in this right, and they themselves are 
the first to lay their unhallowed hands upon that 
Constitution and tear in piec;'s tli" very instru- 
ment whi3h secured to them tl.e return of their 
fugitive slaves. The Missouri Compromise had 
also been repealed, and there stood upon the 
statute book no law to prohibit tho extension of 
slavery into any Territory of the United States. 

Another pretext was the election of a Repub- 
liciin President, and yet they knew — in all their 
public meetings their leaders show they know — 
that it was not the mere election of a Republi- 
can President, but they intended simply to make 
that the signal for rebellion and for the estab- 



lishment of a Southern Confederacy. If any- 
b idy doubts this, sul)sequont events and well 
authenticated facts proved that the South for 
fifteen months previous had been making the 
most gigantic preparations for war, and this is 
conclusive evidence that these and all other 
pretexts which they had advanced were but tho 
hollow pretenses of cons|)irators. 

Now, fellow-citizens, what cause had they for 
this rebellion V Wo had a country which was 
prospering as never a country prospered be- 
fore. Wo lived under tho best govern- 
ment upon earth. Wo enjoyed tho noblest 
institutions in the world. Throughout all its 
broad expanse, from ocean to ocean, happiness 
and prosperity wore ditVused upon every hand. 
Imperial wealth and unequalled power and a 
proud position was tho status of theso United 
States of America. Wo were at once the ter- 
ror of tyrants and tho envy of tho nations of the 
world. Tho denizens of tho foreign lands 
groaning beneath the iron heel of foul oppres- 
sion, looked to this country as his sure asylum. 
By thousands they sought our peaceful and 
happy shores. As a people wo wore enjoying 
more of prosperity, more of happiness, and a 
more extended dilTusion of tho blessings of ed 
ucation, a higher appreciation of religion, a lofty 
and purer national character than any other na- 
tion in the world. 

Then, I ask again, fellow-citizens, where was 
tho cause for the destruction of this Union V 
The South has been the petted child of this gov- 
ernment. She had tho control of its offices and 
its power. This government was kind to her, 
gentle as a mother to her child ; and at the very 
time of the outbreak of this rebellion, sho was 
enjoying prosperity and reaping harvests, such 
as she had not seen before. 

Yes, fellow-citizens, without tho slightest 
cause, we find theso Southern politicians dissat- 
isfied and discontented. Wo find them with 
fire and sword, with savago and demoniac 
desperation laying their unhallowed hands upon 
tho temple of liberty and striking terrific blows 
at tho pillars which uphold it. Citizens 1 shall 
that proud, time honored structure fall ? (No, 
no I) No. By the blessing of God, it shall 
stand — IT SHALL STAND— and traitors shall 
rue the day and the hour they laid their hands 
upon it. (Loud cheering.) 

So unexpected and sudden was this rebellion 
that tho statesmen of i\inericadid not and could 
not conceive of the blackness of heart, and tho 
savago character, and tho utter wickedness of 
its supporters. They could not believe that 
any American citizen was so mad as to really 
desire tho overthrow of this government, and 
they attributed it all to political animosites and 
jealouses, to pass away as had been the case in 
all other heated Presidential contests. 

Acting upon this belief, when tho call for 
seventy-five thousand men was made by the 
President, everybody seemed to think that was 
an immense army — such an army as bad not 
existed sinpp the days of Napoleon. Then it 



% 



wns tUoiislit that it would bo unnooossory for 
tliat aniiy tt> go to lii;ht — that il' thoy nuuio a 
l(ii5 show juul a lino f)«rudo, that wiis enough 
to siU'iioo ihc ivboLs aiul loako thetu abindou 
ihc slvuuigK! without fuithcr conU'^t. 

But this was not tho only error ihon commit- 
ted. Tho latul policy, rrllow-cili/.ons, of the 
i-oiu'ilinlion of tlu! oiKiny was then and there 
adopted, tientlo measures towards our South 
i<rn brethren — as tho secession sympathisers 
call these destroyers of our }:;ovonnuent and 
uun'derors of our citizens — gentle measures were 
suj, posed to bo suHicient ; and while wo were 
practit-ing upon gentle measures and encourag- 
ing the hope of reconciliation, they were mak- 
ing exteitsive preparatioivs for war — prepar'ng 
and drilling their soldiers for tho light. Wo 
acted in all our coiuluct of the war as though wc 
feared there was dan-jer of hurting somebody. 
Wo were not tho attacking party, but tlK> party 
that was attacked. In order to reconcile rebel- 
lion to the government, wo were kind, gentle 
and forbearing ; whereas 1 tell you fellow citi- 
zens, tho way to make trtitors love you is to 
crush them out. Itxieat applause and cries of 
"good, good."] While we wero waiting for 
conciliation to heal up the bleeding wounds, we 
were only givnig time to the rebels to mass 
superior forces against us — and make tho most 
stupendous preparations for icar. Tho conse- 
quence has been that the nation, with its bound- 
less resources of men and money, with twenty 
millions to eight, has fought almost every battle 
with nmnbers inferior to the enemy. And now 
behold the proud army ofMct'UUan, the chival- 
ry and the glory of the land, while lighting 
with desperate and heroic valor, driven back by 
your enemies, untd they stand not conquered. 
It is true, but beleagured within sight of their 
very capitol. 

Fellow citizens, no one man w as to blame in 
this matter. No party was to blame — it was 
the error of the nation. All ot us, without 
distinction of party, were to blamo. Even now 
there is a verv inconsiderable portion of the 
pooulo of these Northern States who are op- 
posed to employing tho ell'ectivo means by 
which this rebellion is to be crushed out. 

Fellow citizens, a change of policy is do- 
mended, imperatively dem.anded, or God alone 
knows when, or where, or how this war is to 
terminate. [Great cheering.] We are to tight. 
The policy of reconciliation is fatal, utterly 
fatal, thu- only chance now is to depend up- 
on ourselves, sind each man upon himself — to 
do all tliat you can, to give all that you pos- 
sess, if you love your country as you ought to 
love it— the greatest country that God ever 
gave to man. Your duty is to pour out, every- 
thing, treasure and blood, and die, if need be, 
to save this glorious cause of ours. [Loud ap- 
plause.] 

Fellow citizens, my opinions with regard to 
this cause are well known. From the lirst, 
from the day of my inaugural down to the 
prescut lime, 1 have been iu favor oi employing 



all the means within our reach for the vigorous 
prosecution of this war. [Cheers, and cries of 
" lji>i>ili g'**'*l- "j •AihI I tiiand up here to ni^hl 
to say as I did tho other night, " my voice is 
still for rt'ar," [applause] for stern, relentless, 
resistless, stupendiius, exterminating war, [great 
enthusiasm] and I am proud to-night to stand 
up before you, fellow citizens of Chicago, and 
in the faco of the world, if need be, proclaim 
that I am for employing all the means in the 
power of this Government for suppressing this 
infernal rebellion. [Renewed applause.] 

Fellow citizens, the South, as you all re- 
member, asserted long ago that tho slaves wero 
an element of their*strength, :uul iu this they 
were entirely correct, because while their .slaves 
were digging their ditches and building their for- 
tifications, the while men we"e fresh and vigor- 
ous for the battle. While the slaves in their 
fields were providing sustenance for tho lebel 
enemy, and support for thi ir families, the rebel 
hiuKself was in the army shooting down your 
bravo and gallant men, from behind pickets, 
and fences, and fortifications built by negroes. 
Now, my fellow citizens, can this policy be 
pursued and this country' bo saved ? [Cries, 
" no, no, no.''] And let me tell you here that 
this very night, as for the last ten months, 
England and France are iutirvening, as they 
have been intervening all that lime to favor the 
Southern Confederacy. AVe need not debate 
the qnostioH whether England or Franco will 
intervene. They slip their guns and muniiions 
of war into our ports b}' ovny conceivable 
trick of fraud and i'orce, and what they cannot 
accomplish in that way, they endeavor to attain 
through their commercial and business houses 
in New th'leans, New York, or other cities of 
in tho United States. They are intervening as 
much to-day as though they had declarid by 
public proclamation, recognizing the indepen- 
dence of the Southern Confederacy. 

Moreover, fellow-citizens, to show you the 
immense importance of tho contest in which we 
are engaged, 1 beseech you do not ilatter your- 
selves into the idea iliat the power of tiie South 
is exhausted. She has 800,OIK> valiant warri- 
ors in the field now, and 1 tell you, fellow citi- 
zens, she can have SCO, 000 more. I ask, if, iu 
view of these facts, it is not our duty to employ 
all the means witein our reach to crush this in- 
fernal rebellion ? We necessarily are compelled 
to have two or three men to their one, because 
ours is an invading army, and we have to pro- 
tect the territory which we have conquered. — 
Let us then have no more child's play. When 
the present call is answered tve shall have one 
million of ineii. Let us call out another 
million as a reserve force — let them be drilling 
and stand always ready for the fight — ready to 
occupy the posts ahvady taken or pressing for- 
ward to hurl the thunderbolts of war. [Loud 
and long applause.] 

But again, in this view of,tho case, I am for 
doing everything necessary not onl}' to streugth- 
gj:^^.i4r^lves but to weaken the enemy. I am 



fi 



for layirif,' aside every weight ttiat shall beset 
us, aritl sirikiii}5 rapid and ctTcclual blows at 
the rebellion. 

in this view of the 'aso, I am free to declare 
to you here as uiy hoiiCst, conviclion, and not 
as a parliban, for 1 know no party now, no i)arty 
cxcu|jt my country— I am free to declare L/iat 1 
believe that if the daveti are net free iko nbd- 
lion dieH. [Applause.) While 1 would provide 
a compensation for evuy loyal slavo owner, / 
would let Lite natioun of Ike eartit, hail with , 
gladerdiuj shutitn the unfurled hatmer ofunvoer- 
tat emancipation, Igxa&i enthusiamn and three 
cheers for Governor Yates.J and as this nation 
in the years of the future march' s down 
through time in glory, grandeur and power, it 
should never have it said that tije clank of one 
slave's chain was to be heard upon her broad 
and beautiful domain. (Renewed cheering.] 

You ask me what I will do with the negroes. 
I will answer that with a familiar text of 
scripture. When Moses was pursued by Phar- 
aoh, his horsemen and chariots, and encamped 
by ihe red Sea, the children of Israel, seeing no 
escape, murmured. What then did Moses siiy to 
themV "Fear ye not; stand still and see the 
salvHtion of the Lord." [I^oud aiiplausc.] 

Fellow-citizens, there is one thing that I do 
know— if there is emancipation there will not be 
one negro more than there is now. [Laughter 
applause.) I verily believe, as God is my judge, 
and I am a Soiiihern man too, that there is 
more of amalgamation, more of negro equality 
and negro association, more of ignorance, inhu 
mariity, barbarisui and disgrace to our national 
character m the negro slave than there ever 
would be in the negro it not subjected to the 
dictation, the caprices and the lusts of slave 
owners. [Applause, and cries of "tfiai's true,"J 
I cannot help but believe, my religion and most 
inward suggestion teaches me that a man, be 
he white or black, who can stand upright in the 
image of his God as a free man, can mako as 
much cotton, is just as good a member of soci- 
ety, and will add as much respectability to the 
nation, as if ho were a slave. [Kenewed ap- 
plause.] j 

What designs a kind Providence may have in 
regard to the slave, I know not. Whether 
driven by cruel legislation out of the States, 
they will seek a more congenial clime m the 
tropics, or whether they will be employed rais- | 
ing cotton, at remunerative prices, in ihe cotton 
States, or whether as they become a little more j 
independent, they will go to Africa where the I 
distinction of color is not against them, there to I 
light up the llames of civilization. Chris- ' 
tianity and Freedom in that benighted < 
continent— whether either of these dea- ! 
tinies may be reserved for them I 
do not know, but there is one thing 
that 1 do know, and that is that slavery is not ' 
only in the course of ultimate but immediate | 
extinction. [Great applause.] If written in ' 
Hre upon yonder sky, it could not more plainly 
to mortal sight appear than that with the vigor- 



ous policy which this government will be re 

quired to adopt in consequense of Southern 

uiaduess, the freedom of the «lavo is no distant 

event. And that this policy will be adopted, J 

have no doubt, [ know it will be adopted; I 

know that ihe President will go for this policy 

and save the Union. 1 know the people will 

go for this policy and then f know the politicians 

will Hueak in. [Ohcers and laughter.] You all 

admit, every man of you admits, that you would 

employ the laborers to dig trenches, to build 

fortifications, and as teamsters. Every man 

without distinction of party, admits that; do 

you noiy juries of "Yes, yes."| None of you 

but believe in the df^ctrine that a negro might 

aa well receive the ijiallet of the enemy as a 

white man. (Cries! "(iood, good.") ilut if 

you employ them to dig ditches how would you 

hold and protect these ditchei<'i:' Would you be 

so inhuman as to set them there digging ditches 

and not put arms in their hands to defend 

themselves. [Cries! "No, no."J How would 

you defend ttiem? Would you let the enemy 

come and take them and the ditches or lortifi- 

cations thev had built? I repeat, how would 

you defend them? [A Voice, "Give them 

arms."] You must give them armsor you must 

have white men stand there and guard them, 

and 1 am not such a negro-worshiper, God 

knows, as to have white men stand beiween 

negroes and rebel builot.s. (Cheers and laush- 

i ter.] 

I There is another policy we must adopt. We 
I must f'jrage upon the enemy. ( A pplau.se. J But 
j a few minutes ago, I read a letter from a gal- 
! lant colonel in the field, a .son of our respected 
chairman (Mr. Sherman,; in which ho says the 
policy of guarding rebel property holds out in- 
ducements to treason. If the Union men have 
property, it is destroyed by the rel>el8. If the 
rebels have property, the Union men guard it — 
the rebels will not destroy it. The rebel is safe 
from either side. Who wouldn't be a rebel':' 
[Laughter.] We mu.st stop this policy. Why, 
I have been told that Tennessee was full of 
widow.-!, nobody but widows there. You would 
suppo.se there was some deadly malaria, de- 
structive to the life and vigor of a man, but a 
perfect elixir of life to a woman; and every wo- 
man says she is a poor, unprotected and de- 
fenseless widow. But go out into the tJcld and 
ask Sambo, and he will say, "0 pshaw ! massa's 
in the rebel army, with a knapsack strapped 
upon his back, shooting down your soldiers." 
Now, let the Government promulgate its 
stern and irrevocable decree that herealter re- 
bel property may be seized to feed and clothe 
our army, and that whenever a slave, panting 
for liberty, comes within our ranks, he shall not 
be driven back to his rebel owner, but he shall 
be put to work, at fair wages, and arms put in 
his hands to defend himself while he is at work. 
Proclaim this edict, and these rebels will fly 
from the army to their homes, and soon ta!:e 
steps, quick and rapid "steps to the music of 
the Union." 



Now follow-citizens, what policy should we 
pursue y Your Government is in cUnpr-your 



aU" is at stake. Suppose a contlasvaUon should 
s ve. p wnaiy ov.r this city, untjl Jt h^ht.d up 
iho ^kv with its luvi.l ilauios a.ul the olouds of 
snu.ke tmvorcd to tlK« very hoavens would you 
s op to inquuv whether it was a hlac-k man or 
a Ihito nmn attemplint,' to extinguish the 
Uauies No, tVllow-citizens,if you are reason- 
able men, if you do as every nation under the 
«nn has done, in all the history ot the past, you 
will employ every means m your power by 
which to crush this infamous and unholy rcbel- 

^'' \'ou would deprive the enemy of every ele- 
ment of strength, and if necessary to save the 
country, you would do as Washington and 
Jackson and Perry did; you would convert every 
hoe and plough and pruning hook ot the^outh- 
ern lave .nt.r weapon, o. war- you would put I 
8W0 ds and bayonets into the hands o every 
?oTal man and tell him to shoot down tnutor^ 
wherever their feet disgraced the sod. 

When I tight 1 tight to whip. W ha nation 
over adoptL^l a dUlorent policy? N\ hatever, 
consiste.u wUh the usages ot war, w.l weaken 
or cnpplo, or destroy, whatever wil dampen 
the ene -n^s or cloud the hopes, wha ever wil 
u ^st s.g^mllv vebuke and punish the horrid 
onme ot treason, whatever will soonest restore 
to my country the supremacy ot law and consti- 
tutional l.beviv. whatever w,ll soonest re^ illume 
her face with the sunshine of peace and union 
shall have my unqualitied aPl"*>l^f >«"• Lf .P" 
nlause 1 If to save my country 1 would blot 
out the dark blot which has so long sullied our 
national escutcheon, and write emancii-ation on 
every inch of her soil. [Loud cheering I 

Fellow-citizens, some distinguished American 
statesman and philosopher has said that every 
nation has its birth time and Us trial time 
Our trial time has come. The crisis ot our na- 
t omd existence is upon our hands This nation 
is trembling in the scale between hie and death. 
Novv let me ask you, what course is to be pur- 
sued in such a case? Will you not come up as 
one man to the rescue? Behold your inherit- 
ance Vlreadv thirty stars gleam upon your 
nSnal banner, and more than half ot which 
Tave been placed there since the ^ -t thirt^e^ 
were placed there by our faihers-stai by ^tar 
bein-'added. Slate after State being annexed to 
th s t-onfcderacy-thirty millions ot people des- 
t uHl to be one hundred milhons-the inhabi- 
ants of an ocean bound Republic-with all the | 
Scani/.ed mstitutions of enlightened society, 
wiVh all the ten thousand charms of a cnnstian 
Sization, united by raUroads and telegraphs, 
bv mu^hty rivers and lakes into one great con- 
fed me Republic, all recognizing the great 
p^nncipleoftlie right of the -f 7.V.?-^Xne 
acknowledging no superior but (^od alone. 

^%ToTi in the world is there a country so free 
as this ? Where has the poor man such rights 
franchises and privileges as m these United 
States of America ? Why, the idea ot our gov- 



ernment, the principle upon which it is based, 
is the greatest good to the greatest number.— 
Its foundations are laid broad and deep in the 
inalienable rights of men. All mew are brought 
to a level by this form of Government, bvery 
man has a right to vote and to aspire to the 
hic-hest othce.^ The pom est boy in your midst, 
the son of the humblest man, can stand erect and 
say "I have as good a right to be President as 
any other man's boy." These are the privile- 
ges held out to yon by this great and glorious 
Government. I wish 1 had the power to de- 
pict the great interests, the hopes and the tears 
and the destinies involved in this awful con- 
test. _^ . i_ J- 

Let no one dream that if this Union be dis- 
solved wo can hereafter have peace. It will bo 
an idle dream. This government can never 
be reconstructed, after such a dissolution.— 
The mutual repulsiveness of its parts will 
render its disseverance eternal. Do you 
supoose we can ever have peace? VV ill 
vou ever give up the mouth of the Missis- 
sippi? ["No, never."] Will you ever give up 
the navigation of the Father of Waters^ 
["Never-never."] I can see that before tho 
people of Illinois will submit to navigate that 
noble stream with foreign batteries frowning 
from its banks, and subject to all the tolls, de- 
lays and exhorbitant exactions of a foreign ju- 
risdiction', as I said in ray inaugural address 
before that time shall come, the father of 
Waters— the Father of Waters, from Us head to 
its mouth, shall be one continuous sepulchre of 
tho slain, Lcbeers;" good, good,"] and with 
its cities in ruins, and the cultivated helds upoQ 
its sloping sides, laid waste-it shall roll its 
foaming tide in soUtary grandeur as at^the 
dawn ol- creation. I tell you the battles of Bel- 
mont, Island No. 10, Fort Donaldson, Pittsburg 
Landing, are trumpet-tongued evidences of the 
unalterable determination of the people of 11 1- 
noisand the Northwest that the waters of the 
Mississippi shall never flow through a foreign 
hirisdiction. [Cheers.] . 

Establish the doctrine of secession, and all 
is lost If one State has the right to secede, 
then another State has the same right, ajid so 
on, until all of them may secede Draw the line 
between the Northern and Southern Oonfedera- 
cie< and see what a disjointed, unadjusted and 
fra'vmontary remant of empire you would have, 
as Tt IS bounded by mountains and rivers. It is 
piain that it would be utterly impossible to 
hold it together. Division would be inevitable, 
so that we would not only have to submit to 
tolls and exactions upon the banks of the Mis-- 
I sissippi, but wherever our commerce went out 
' or came in, between San Francisco and New 
York we would have to submit to the tolls and 
exactions which independent jurisdictions might 
impose upon us. . , 

Dissolve this Union and we shall see sights 
such as the eve never saw before. It would 
not be one year before, for some imaginary or 
real cause o"r grievance, such as the navigation 
of the M'ssissippi, the escape ot slaves from the 



slave to the free States, the attempts to cap- 
ture them, and the resistance to their capture, 
would involve us in war— and nuch a war! 
Why, again we would h»ve the North arrayed 
against the South— the impetuous valor of the 
South against the df^termiiied bravery of the 
North. Blood would flow to the horses' bri- 
dles. We should see cannon frowning along 
our rivers, bayonets glistening along our border 
lines, armies marching to and fro, and com- 
manders winning their victories ; we should see 
the arts ot peace converted into the arts of war. 
The green field of growing corn, the grain ri- 
pening for the harvest, would be desolated and 
the whole country would gleam with the light 
of^ burning towns and villages, until at last, 
lellow-citizens, this dismembered, dissevered 
and fragmentary republic would cry out for in- 
tervention and some foreign despot would rise 
to lord It over the people. 

Thus would depart forever the glory of the 
land of Washington. Thus would sink forever 
the last experiment made by man for self gov- 
ernment. Thus would go out in endless night 
the watch-fires which our fathers kindled ud- 
our hills. [Applause.] 

Fellow-citizens, I desire to make my appeal 
to you all— to all of us who arc engaged in this 
war— to use our utmost efforts to put down this 
rebellion— to sacrifice every consideration ex- 
cept that of the welfare of the country and 
come to the conclusion— which I sav before six 
months you will have to come to— that all the 
means in our power must bo employed to put 
down this infernal rebellion. This is the con- 
clusion we must come to. I care not what pol- 
iticians may say; I care not what venal presses 
may say; the doom of these politicians, I can tell 
them, 18 sure, and the day is fast approaching 
when they shall call upon the rocks and moun- 
tains to hide them as they see the triumphal 
car of universal freedom marching as John 
Brown s soul is marching on, [cheers] and the 
who country stands "redeen.ed and disen- 
thralled by the genius of universal emancipa- 
tion." [Loud ar.plause.] * 

Let us sacrifice all j.arty considerations of 
every character and stand united as one man 
doing everything in our power; while the 
miserable miscreant and wretch who, out of the 
distress of his country in this perilous hour 
would attempt to manufacture capital for a po- 
litical party, deserves to die a death such as we 
ought to impose upon Jeff. Davis himself. I Ap- 
plause.] ■- ^ 

Fellow-citizens, 1 shall not, as there are other 



speakers here, detain you much longer. ["Go 
on, 'go on."] I will add one thing, however 
As I have presented to you some discouraging 
facts, I will present you also with the most in 
teresting feature in the remark which I am mak- 
ing and that is this : That we will whip them. 
[Cheers.] As I told you when this wlr com- 
menced, our statesmen did not believe that we 
were going to have much of a war. Thev did 
not dream that these southern traitors wrould 
give up so great and glorious a government as 



ours ; consequently they made no preparations 
for the war. When the war commenced, we 
were without anything— without arms or mu- 
nitions of war. We had literally nothing. Wo 
were taken by surprise. On the other hand, 
what had been doing by the secessionists of 
tfie South V For fifteen months they had been 
engaged in the laudable business of seducing 
our army and navy officers, and by and through 
them stealing all of our l>est guns and all our 

munitions of war from the United States arsenals; 
and through the Secretary of War, Floyd, they 
had been stealing millions of money to carry on 
the vvar ; so that we were left entirely unpre- 
pared for the crisis which was upon us. 

What have we done in the meantime i" This 
nation has arisen like a giant refreshed with 
wine. Wii had to go to Europe for arms, and 
wo had to manufacture arms to supply those 
which had been stolen. We have gone to 
ifiurope and have got them, and wo have manu- 
factured them in our own country. We have 
sent 000,000 men into the field in that short 
period of time— an army such as the world 
never saw before. We have conquered terri- 
toryjfar and wide, as the Roman eagles ever 
flew. We have blockaded their coast from New 
Orleans to New York, a distance of nearly 2,000 
miles. We have opened the Mississippi. 'Wo 
have taken Arkansas, Louisiana, Missouri, Ten- 
nessee, Kentucky, Maryland, and a part of Vir- 
ginia ; and this day and hour, the American 
Hag i.s floating triumphant in every State in the 
United States. [Applause.] Although our oroud 
army has been driven back, it is simply f6r the 
want of reinforcements. The concentration of 
the rebel army at Richmond, ^is an evidence of 
their weakness— not of their strength. Driven 
from the sea coast and the Mississippi valley 
they have drawn all their forces from Corinth' 
and from Tennessee, and from almost every 
other portion of the United States, leaving 'hose 
portions unprotected, that they might meet the 
grand array of the Potomac in its march ; thus 
showing that what might seem their strength, 
18 an evidence of their weakness. All we have 
to do IS to be true to ourselves, and we will 
certainly and surely triumph. 

Don't stand talkingor idling away your time. 
Vou are under solemn obligations to the brave 
boys who are now holding out their hands for 
reinforcements. They have gone through many 
an exhausting campaign. Their numl^ers have 
been decimated. The bones of very many of 
these brave boys lie mouldering beneath tho 
sod upon the banks of the Potomac, the Oum- 
berlar,d and Tennessee, and upon every battle 
held from the bloody struggle of Richmond to 
that of Pea Eidge. Too very blood of your 
martyred daad, of your young DeWolf, and tho 
many others who have offerred up their lives a 
willing sacrifice in the cause of their country 
call to you. The living stretch out their hands 
to you for reinforcements. In the name of God 
IS there an American so recreant to his country 
and to every principle of humanity and friend 
ship, so false to the great cause of the Union 



and liberty, as not to volunteer at once and 
come forward in this great and glorious ct.n- 

test? ..... 

The policy of the administration is coming 
up to vour standard. They have passed tho 
act now by which vou are to quarter upon the 
enemy, by which the labor of the negro is to 
be used and the negroes are to be used as far 
as necessary. You see they are coramg up to 
your standard and now will you not stand up 
to your country in her hour of peril, and do your 

duty? 

When 1 was asked what I meant by a vigor- 
ous policy, stamping armies out of the earth, it 
was asked of me whether I meant that free ne- 
groes in the North and slaves in the South 
?vould come up to the battle. At the time, al 
though such would have been the result, to a 
crood degree, yet I had no suoh thought in my 
mind. I meant that if this administration 
would adopt a policy in which the people had 
confidence ; if they would employ all th'^ means 
at the hands of this Government and prosecute 
the war vi£«irously, it would so arouse the peo- 
ple of tbis^ country, that it would seem as if 
armies came out of the earth to defend the ever- 
glorious Stars and Stripes. [Cheers.] I can 
now say to you , candidly and truthfully, that I 
believe within the next ten days all the regi- 
ments vet required of me will be enrolled and 
ready for service. [Immense applause.] You 
ask me what I mean^ by stamping armies out 
of the earth, and I tell you the response is here 
in the hearts of you people- deeply touched 
and their purses opened wide— in the prompt 
cheerful action of our cities and counties in 
their corporate capacities. In the magnifaccnt 
spectacle of our great State, roused througout 
ita length and breadth, and in all its deep foun- 
dations. Under the prospect of a vigorous 
prosecution of the war, Illinois is already 
leaping like a giant into the fight. [Loud ap- 
plause.] . , 11 1 1 
Active, energetic co-operation by all loyal 
,nen— speedy and rapid enrollment of our forces, 
power in overwhelming demonstration is one 
road to peace, and will speedily bring it about, 
whiK- inaction, indecision, feeble response to 
the President's call, and a continuation of the 
conciliatory policy means a long and protract- 
ed war, foreign intervention, national bankrupt- 
cy, a broken, belligerent, dismembered Union 
and the loss of our dear bought and long cher- 
ished liberties. Rally then, rally to the res- 
cue. . 

The accounts come glowingly Irom every 
other State. I want to ask now if Illinois shall 
Inr behind. [Cries of " no. no."] Heretofore 
sh^e has gallantlv and gloriously led the column. 
Her brave soldiery have shed imperishable lus- 
tre upon the arms, the names.the fame of Illinois. 
The star which answers to Illinois is now the 
briphtest in the galaxv of the thirty four. [Ap- 
plause.] The name of Illinois is synonymous 
with lofty courage and great achievements. 
[Renewed applause.] Her brave boys have 



never quailed in a single conflict. A ©eneral 
in our army, whom I met at Shiloh, said to me : 
"Your Illinois boys fight like the devil. 
[Laughter.] I tell them to storm a battery and 
they storm it ; I tell them to go out, one regi 
ment against four, and they go, but, he 
added, " the infernal scoundrels ! there is one 
order they won't obey, and that's the order to 
retreat !" I remember it was told me by an eye 
witness that when the glorious regiment which 
Chicago sent to the field under the gallant 
Col White was pressed down by three or lour 
re<riments of the enemy, and was retiring m 
good order, the Colonel crying out " Steady, 
boys, steady," it was of no avail, until ridmg in 
frontof the whole line and taking ofl" his hat, 
he said, "now boys is the time to show 
the pluck of Illinois." [Loud cheering ] They 
staggered and reeled for a moment; but they 
stood fire, and marched to a great and glorious 
victory [Applause.] Now remember what 
you are fighting for. You are fighting for your 
Constitution— for all that is dear to you— for 
your wives and children— for civil and religious 
liberty— for your grand experiment of govern- 
ment—for the interest of mankind, not only 
now, but always; not only here, but throughout 
all climes of the world. You are fighting for 
vour Union, which has been handed down by 
men imraortalifor theer goodness and greatness. 
Oh I what undving memories cluster around it ! 
What hopes are fixed upon it ! What eyes of 
the world are riveted upon it ! You are fighting 
for vour glorious old flag, the flag borne aloft in 
the^days of the Revolution by those old patriot 
sires who struggled round about the camps of 
liberty the same old flag that floated in triumph 
at Bunker Hill, and Brandywine, and Valley 
Forge and Ticonderoga, at Buena Vista and 
Oerre Gordo, and Donelsonand Pittsburg Land- 
ing; [cheers] the same glorious old flag which is 
now or was at the commencement of this war, 
hailed upon every continent, and island, and 
sea under the whole heavens as the best and 
noblest emblem of honor and freedom. [Ap- 
plause.] 

Now let me address mvself to the foreigners 
who are here. Let me refer to an incident in 
the history of the country that you all know. 
Do vou remember that aw.ay upon a distant 
sea,' the coast of Smyrna, when a foreign born 
citizen, a Hungarian, and who considered his 
domicil in this country, was claimed^ by the 
Austrian, and taken aboard of their snip, that 
Captain Ir graham levelled his guns on the 
Austrian vessel and raised the American flag' 
Do you remember how the Austrian myrmadon 
shrank back in terror before the ever glorious 
Stars and StripesV [cheers] and how even the 
unnaturalized foreigner had the protection ot 
this flag, which was honored througout the 

world? , ■ , T -11 

There is another incident to which 1 will re- 
fer During one of the tumultuous revolutions 
in Mexico, while Joseph L, Poinsett, former 
Secretary of War under Gen. Jackson, was 



9 



Minister to Mexico, that city was taken by 
assault. The invadors, after they had got 
within the city 'vails, asked where the 
leading men of the city had secreted 
themselves. It was found that they 
had sought the house of the American 
Ambassador as their only place of refuge. 
They marched to the house, they levelled their 
cannon upon it, and Mr. Poinsett says: "Tn 
that moment of extreme peril, as my only 
refuge, I seized the national flag I r<».n out 
upon the balcony. I unfolded the Stars and 
Stripes and stood beneath them. In a moment 
every musket fell. Three cheers were given 
and the band struck up music to the old tune 
of 'Hail Columbia.'" Shall this flag be trailed 
in the dust? [Cries "No."] Shall its glorious 
stars be divided and scattered in confusion over 
the face of the earth? No ! by the blessings of 
Almighty God, by the memories of our fathers, 
by the worth of human liberty, ir. shall remain, 
a proud emblem of natioial freedom and thf 
ensign of national greatness. [Chet-rs ] And 
whether it shall float aloft in holiday triumph 
upon the summer breeze, or whether it shall be 
seen (as I have numerous specimens in my 
oflBce now) pierced with bullets, amid the cloud 
and smoke of war — wherever it shall be sten 
upon this earth by the oppressed of every land, 
it shall be hailed as the bright and glorious em 
blem of freedom. 



Fellow-citizens, I must conclude, but before 
doing so I must mention one thing — that your 
city has so munificently provided, not only for 
those who are going to the war, but also the 
families they leave behind. We must remem- 
ber that they leave families. Those families they 
love dearly. They leave behind them their 
wives and little ones. They go out to fight 
these battles for you and for me, for God, for 
liberty and humanity. In every town and city 
there should be provided a fund which should 
be literally exhaustle.ss. It should be supplied 
from day today, so that the soldier, when he it 
fighting beneath his flag, upon the most distant 
wild, can feel his heart to glow with the knowl- 
edge that his wife and dear little ones have 
iiiends and means to protect them in the home 
nf destitution. [Applause.] I will only say in 
that connection, so help me God, so long as 
there is a dollar in the State Treasury and I 
am jour Governor, I will bring back every 
wounded and sick man I can from the battle 
field [Cheers ] 

We will rally round this glorious old flag of 
ours until the Union is restor. d, until the ma- 
jesty of our laws is vi dicated, until the last 
armed foe of the Constitution shall either be 
slain or driven from the land, until we can see 
that old flag again proudly flying — with not a 
star obscured nor a stripe erased, and pray that 
80 it may float forever. [Long continued cheers,] 



M E S S A G E 



OF iris KX('i;i,r,!ON(:v, 



RICH A ED YATES, 



GOVERNOR OF IIJJISOIS, 



TO THE 



GENERAL ASSEMBLY. 



JANUAKY 5, 18(i3, 



SPRINGFIELD: 

BAKER & I'lriLLirS, PRINTERS. 
18G3. 



MESSAGE 



OF HIS EXCELLENCY, 



RICHAED YATES, 

GOVERNOR OF ILLINOIS. 

TO THE 

GENERAL ASSEMBLY. 



JANUARY 6, 1863, 



SPRINGFIELD : 

BAKER & PHILLIPS, PRINTERS. 

1863. 



>'■ MESSAGE. 



Gentlemen of the General Assembly : 

INTRODUCTION. 

The duty of addressing the assembled Legislature of the State 
again devolves upon me amid events painful to every patriot. A 
most causeless, yet most gigantic, civil war still continues to ravage 
the land. To-day many a desolate hearth-stone mutely appeals to 
Heaven for protection to the widow bereaved, the child made 
fatherless, the brother or sister stricken with the sorrow that no 
earthly hand can soothe. To-day the enemies of our country, of 
its unity, its nationality, and its glorious old flag, proudly defy the 
constituted authorities, and with fire and sword, with all the dread 
enginery of war, are madly striving to tear down that magnificent 
temple of constitutional liberty which the hands of our patriot 
fathers so carefully raised, and the stones of which are cemented 
with their blood. 

Amid such shocking scenes, amid calamities, which, a few short 
years since, it had not entered into human imagination to conceive, 
it is with a deep sense of the responsibility of my position, that I pro- 
ceed to the task before me. Under ordinary circumstances, it well 
becomes us to be modest of our own merits and abilities. But 
when compelled to witness the agonies of our country, writhing in 
the very throes of dissolution, individuals become dwarfed in stat- 
ure and the soul of the proudest and bravest pauses awe-struck at 
the march of events. 

Under such extraordinary circumstances, then, as those which 
now surround us, does it doubly become us to look less to our 
own proud hearts for strength, and more to the sustaining power 
of that God, who ever disposes of all that man proposes. 



PEOGKESS OF STATE. 

Still, amid all the frightful^ calamities attendant npon war, and 
doubly so npon one waged by two sections of a common country, 
there are some sources of consolation, not altogether "dried up. Our 
State has nobly stood by the Constitution and the Union. She has 
not faltered for a moment in her devotion. She has sent her sons 
in thousands, to defend the flag and avenge the insults heaped upon 
it by the traitor hordes who have dared to trail it in the dust. On 
every battle-tield she has poured out her blood, a willing sacrifice. 
And she still stands ready to do or die in the glorious cause. She 
has also sent out the angel of mercy, side by side with him who 
carries the flaming sword of war. On the gory battle-field, amid 
the dying and the dead, in the hospitahjamong the sick and wounded 
soldiers of our State, may be seen her sons and daughters minister- 
ing consolation, and shedding the presence of a benign charity, 
which knows no fear ; which dreads not the pestilence that walk- 
eth by night or the bullet of the foe by day. 

In all these things Illinois has made herself the admiration, and 
excited the generous envy of her sister States, who have remained 
true to the Union. And in them we find consolation amid so much 
national affliction. 

AGEICULTUKE. 

In the three departments of industrial progress — agriculture, 
manufactures and commerce — there has been a most remarkable 
development, and this notwithstanding the war has diverted so 
large a proportion of the most effective and most skilled labor of 
the country from its ordinary fields of usefulness. 

Early in the history of our national disturbances, it became'a mat- 
ter of serious solicitude to the patriot, to know whether the agri- 
cultural resources of the loyal States could meet the draft which 
must, of necessity, be made upon them by the organization and 
long-continued maintenance of a large army. 

Intelligent agriculturists, representing th^t' system of labor, 
which under all circumstances and in every condition, has proven 
itself thoroughly loyal to good government, at once comprehended 
the full measure of their responsibility and the vital importance of 
their trust. So far as this State is concerned, the results are of the 
most gratifying character. iNew life, industry and intelligence 



have pervaded every branch of agricultural production. Invent- 
ive skill, by its many improvements in machinery for farm culture, 
has almost entirely compensated for the withdrawal of one-third of 
the manual labor hitherto employed. The production of the old 
staples, corn, wheat, beef and pork, has not been sensibly ditxiin- 
ished;. while cotton, tobacco and molasses have assumed an impor- 
tance among our annual crops, heretofore unknown. Of the last 
named an abundance has been produced the past year to supplv 
the demand for home consumption, and, from experiments already 
made, I have reason to hope that our dependence on other portions 
of the world for sugar, will, in a fev/ years, entirely cease. In an- 
ticipation of a diminished supply of other^fibres for manufacture, 
the growing of wool, to which our broad prairies are so admirably 
adapted, has received a strong impetus. Many thousands of sheep 
have been added to our flocks, by purchases abroad, and it is con- 
fidently believed our next annual clip will tall little, if any, below 
that of either of the older States. 

It is stated, on good authority, and believed to be true, tliat Illi- 
nois, for the past two years, has sent away food enough to supply 
ten millions of people; and that the surplus now on hand is equal 
to the amount sent off in any one shipping season. This immense 
production, with the evidence it affords of the extent of our resour- 
ces, even in their present condition of limited development, is largely 
referable to the influence exerted and intelligence diffused throu(>-li 
the medium of our state and county agricultural and horticultural 
organizations. The great mass of our people are and must remain, 
from choice or necessity, tillers of the soil. Upon the prosperity 
of the producing classes must depend, in either peace or war, the 
well-being of every other material interest of the country. They 
mainly fill, from their own numbers, the ranks of our armies and 
then maintain them in the field. 

Congress, at the last session, extended to this great interest a 
national recognition, by the creation of a new department, espe- 
cially designed to promote and foster it. Is it necessary to add 
that all legislation, state or national, which has for its object to af- 
ford aid and encouragement to the producing classes and dignity- 
labor, is, in a government constituted like ours, eminently wise and 
proper ? 

For further information on this subject, I will refer you to the 
report of the agricultural society, now awaiting your order for pub- 



6 

lication. If the reports of this society could be published annually, 
the information to our farmers would be worth hir more than the 
cost to the State. 

PROSPEKITY OF CITIES IN THE STATE. 

Another of the most striking evidences of our prosperity, is the 
7 m-eat increase in population and business of our principal cities 
and towns. Thus, during the past two years, our metropolitan 
capital has added nearly twenty-seven thousand to her population, 
risincv from one hundred and nine to over one hundred and thirty 
thousand. Nearly all the other cities in the State have also 
largely increased in population. 

WEALTH. 

The total value of the real and personal property of the State 
cannot fall short of a thousand millions of dollars. The census of 
7 1860 places it a^ $871,860,282. This exceeds that of states much 
older than ours. Thus, Missouri is set down in the last census 
returns at only live hundred millions, and Kentucky at about six 
hundred and sixty millions. 

An examination of the census of 1860, just published, shows 
with what rapid strides Illinois is outstripping all the other states 
in agricultural products. Ten years ago behind many of them, 
shots now contesting the palm for the first in almost every one ot 
the staples. She now produces twice as much corn as any other 
state-almost twice as much wheat; in neat cattle, the first ; m 
hoo-s, but little behind Ohio ; and in the value of live stock ot all 
kinds, she is alreadv the second state in the Union. And here 
it is proper to add, that the valuation of property by our county 
assessors is by no means a proper criterion, as it is well known 
to be, in many cases, very variable, and in all absurdly low. The 
question arises whether it would not be better, for the mterest of 
the State abroad, to have the assessments higher and the taxes 
lower. And also, whether some measures may not be devised tor 
the equalization of assessments throughout the State. 

POPULATION. 

In population the State has also increased in a very rapid ratio, 
risino- from the seventh state in the Union, in 1850, to the fourth 
in 1860, leaving behind in the race many of her older sisters. 



Thus, in 1820, Illinois had a population of but 55,16i and Mis- 
souri 66,517, and in 1860 the population of Illinoif rose to 
1,711,951, while that of Missouri only reached l,182,bt2. By 
examining the last census returns, we shall see that no Sta^e has 
made such rapid strides in population and wealth as our own. In 
ten years, at our present rate of increase, we will be the third 
state in the Union. In twenty vears we will be the second, if 
not indeed the first in population, and the third in wealth. Such 
progress, unprecedented in the growth of states or empires, opens 
up a future to the vision of the political economist, preg- 
nant with new ideas, as regards the progress of American civiliza- 
tion. In less than half a century, Illinois has sprung out of the 
wilderness into a full grown civilization, teeming with all the bless- 
ings of a most happy and prosperous condition of society, as 
Minerva is represented in heathen mytholog}^, full robed in wis- 
dom and beauty, leaping from the brow^ of Jove. 

EAILKOADS. 

In railroads Illinois is really the first, though, nominally, the 
second state in the Union. We have now over 3,000 miles of 
railroads intersecting the State in all directions, north and south, 
east and w^est. Ten years since, we possessed in all but ninety- 
five miles within the entire limits of the State. The cost of con- 
struction of all the railroad property in the State, at that period, 
was but $1,440,507. In 1860, it was $104,944,561. Probably 
the history of the w^orld does not present such an instance of 
progress. Were it not for these roads, the war, which closed up 
the Mississippi river to our commerce, would have fearfully crip- 
pled our resources. Ey these roads we have been enabled to send 
forward immense quantities of agricultural products to market. 
Thus the roads and canal centering in Chicago, delivered, in 1861 
nearly 60,000,000 bushels of grain, 675,000 hogs, and nearly 
60,000 head of cattle. In 1862, I learn that they will have deliv- 
ered nearly 70,000,000 bushels of grain, 900,000 to 1,000,000 of 
hogs, and over 170,000 head of beef cattle. 

If the commerce of other railroad centers could be obtained, it 
would doubtless exhibit an amount of business done by all the 
railroads in the State, which would very far exceed the travel and 
traffic of the Mississippi river in its palmiest days. So that we 
have, to some extent, been compensated for the loss of that river 



> 



])y tliose ai/ficial and rival means of communication, which are 
no doubt /4ti"G^' ^" ^^^® progress of civiHzation, to supersede, to 
a o-reat d^ree, the merely natural channels of commerce. Many 
onMir dtiz^ens, and a portion of the press of the State, have com- 
])lain4d of the monopoly of the commerce of our Stuie, which the 
rail/oads have possessed, since the closing of the river. But I do 
not see how it could have been avoided. The same monopoly 
would have existed, on the other hand, had the railroad communi- 
cation been interrupted, and that by the river only left open. The 
only way to prevent all such monopolies of the means of transit, 
or at least to mitigate their evils, is, by the encouragement of new 
enterprises, so that by competition we may be able to successtully 
oppose combinations and monopolies of all kinds. But in the end, 
all these matters, if left to the inevitable laws of trade and com- 
merce, of supply and demand, will most certainly regulate them- 
selves. 

OPEISING OF THE MISSISSIPri. 

Notwithstanding, however, that the railroads have, to some ex- 
tent, served as a substitute for river communication, still the loss 
to the great Northwest, in this respect, is incalculable. Ten mil- 
lions of our people are deeply interested in the navigation of the 
Mississippi. The price of every article of western produce has 
been reduced in consequence ot its obstruction. Our flour, wheat, 
corn cattle, and hogs, are taxed with such rates for overland trans- 
portation as materially to reduce the prices at home. Once re- 
move the monopoly enjoyed by the railroads, by bringing the 
Mississippi into competition with them, and every article of wes- 
tern produce would probably command twice the price it now 

brings. 

From the commencement of the war, I have strictly kept m 
view, and, on all proper occasions, earnestly recommended the 
^ policy of keeping the great natural thoroughfare of the West un- 
obstructed. I submit,' herewith, a copy of the correspondence 
between the Governors of Ohio, Indiana, and Illinois, with Gen. 
Scott, upon this subject. In this correspondence the Governors 
recommended the immediate occupation of the Ohio and Missis- 
sippi rivers by Federal troops, at Cairo, Memphis, and every im- 
portant point, with the paramount idea of keeping those rivers open 
to the two hundred millions of dollars of our commerce, as a 



means of transportation of our munitions of war, enabling our 
armies to deal destructive blows upon the enemy from various 
bases; also, as a means of strengthening our own positions and 
giving aid and protection to the Union sentiment of the slave 
states bordering upon them, by having present a sufficient force to 
protect loyal men in the expression of their sentiments, and in 
their projjerty. 

There can be no doubt, that in the multitude of enterprises de- 
manding the attention and efforts of the administration, it has too 
long delayed this. It is a source of mortification to all western 
men, that the Mississippi should have remained so long obstructed, 
when every man of us at the "W est, has felt, and still feels, that it 
can be opened whenever western valor is appealed to and brought 
to the accomplishment of that object. Indeed, it is not only an 
immense loss to the whole ISTorthwest, but directly touches the 
pride of her loyal people. 

We have now reason to hope that the administration will boldly 
and effectually press forward the enterprise. At the same time, 
from all our Legislative bodies, from the press, and the people, 
should go up a united expression, demanding that, throughout its 
entire length, the Mississippi shall remain unobstructed to our com- 
merce, our gunboats, our troops, and our munitions of war. 

MAJ^UFACTUEES. 

Notwithstanding that our State has not more than entered upon 
the first division of the three grand departments of industry, into 
which civilization naturally divides itself, namely, agriculture, still 
some considerable advances have been made in manufactures. 
Many centers, destined in the future to become great emporiums 
of industry and art, have been established. The crude elements of 
manufactures and the mechanic arts exist in profusion all through 
our State. All that is needed is the plastic hand of skilled labor 
to fashion them into articles of use and luxury. Our coal mines 
are more extensive and richer than those of any other state, or 
even nation, in the world. The geological survey of the State dis- 
closes the fact that the value of the coal bed underlying the county 
•of Perry alone, at the low price of one dollar and fifty cents per 
ton, amounts to three billions and two hundred and fifty-nine mil- 
lions of dollars. Our lead mines are inexhaustible. "We also, 
2— 



10 

possess beds of iron ore and other mineral treasures, as yet, bnt 
partially developed, and which only await the combined industry, 
skill and capital of civilized man to make them useful to society. 
Illinois is, thus, not a merely agricultural State. On the contrary, 
it possesses more than is common to other States, of those elements 
which go towards building up agriculture, manufactures and com- 
merce, in such a beautiful and perfect proportion of parts, that 
one necessaril}^ rests upon and sustains the other, and all combine 
to present a picture of the only true civilization- — that in which 
employment exists for every individual, according to his ability, 
and the bent of his genius. In truth, Illinois, more than any other 
State, presents all the elements ot national greatness. Massachu- 
setts is famous for manufactures, New York for commerce, Penn- 
sylvania for coal, Ohio for hogs, Missouri and Indiana for corn, 
Virginia for wheat. But Illinois is famous for all combined. She 
rivals New York in her commerce, Pennsylvania in her coal. Ohio 
in her hogs, Missouri and Indiana in their corn, and Virginia in 
her wheat crop ; and it only rests with ourselves to rival Massachu- 
setts in her manufactures, for we have the elements of them in 
boundless profusion. As a merely agricultural State we shall 
always remain in an infantile and undeveloped condition. As a 
merely manufacturing State, without agriculture, we would possess 
no basis upon which to sustain life. While without commerce, 
means of communication, railroads, etc., we could never unite both 
agriculture and manufactures in the indissoluble bonds of a unity, 
that at the same time admits of an indefinite variety. 

We should encourage manufactures and the mechanic arts by 
every possible means not absolutely injurious to other interests. 
In the end such encouragement brings its reward with it. By so 
doing we create a home market for our agricultural products, vary 
those products in an almost indefinite degree, and thus create new 
fields of labor and open up additional channels of trade and com- 
merce. It has been often well said that he who makes two blades 
of grass to grow where but one grew before is a benefactor to the 
human race. How much more, he who creates a new means of 
employment for hundreds and thousands of his fellow men ? 

In 1861, in the cit_y of Chicago, a single point of manufacturing 
enterprise in the State, $6,537,000 were invested in the buildings 
and machinery of the various branches of mechanical and manu- 
facturing industry. In these establishments articles to the value of 



11 

$1T,000,000 were produced, while eleven thousand persons were 
provided with employment. These figures will doubless be in- 
creased, rather than diminished, by the returns of the past year. 
The census of 1860 gives the capital invested in real and personal 
estate in the manufactures of this State, at $27,^00,000 ; the value 
of raw material of such manufactures, at $33,000,000 ; and the 
value of the annual product, at $56,750,000. The number of 
establishments is 4,100 ; the number of persons employed, 24,370. 
In productions of manufacture, Illinois is already the seventh state 
in the Union. 

THE GEOLOGICAL SURVEY. 

i 

1 At the close of the last session of the Assembly a bill was passed 
appropriating one thousand dollars for the benefit of the State Li- 
brary, with an amendment, abolishing the Geological Survey. I 
considered it my duty to withhold my approval of this bill, on 
account of the amendment, and I trust to your wisdom for a recon- 
sideration. The special reasons for my action in this matter will 
be stated in a separate veto message. And I wish, now, merely 
to call your attention to the importance of such a thorough scien- 
tific and practical survey of the State, as shall exhibit the full 
extent of our natural resources, our coal lands, our lead and iron 
mines, our building materials, marbles, and limestones, our salt and 
mineral springs, and to the advantage of making them more gener- 
ally known, and of calling the attention of enterprising men to the 
exploitation of our wealth. These explorations would show to the 
world that we have not only broad acres of fertile land, facilities 
of commerce, and the elements of manufacture, but that we, also, 
'strive to develop our resources to the best advantage, with all the 
aids of science, and a full knowledge of their extent and value. 
Our State is, generally, supposed to be merely grain growing, and 
dependent, for all time to come, upon other states for the munufac- 
jtured articles which it consumes. This opinion was forcibly 
brought to my notice some time ago, while traveling in the cars, 
iwith the governors of Pennsylvania and Ohio, through the former 
istate. On meeting a large coal train Gov. Curtin remarked : " There 
is the wealth of Pennsylvania. In Illinois, I suppose, you count 
lyour wealth by the bushels of wheat and corn, and you in Oliio by 
|the weight of your pork." "Yes," I replied, "but the day will 
isoon come when we, in Illinois, will, besides our golden harvests 



of grain, raise as miicli pork as Ohio, and tnrn out as much coal as 
Pennsylvania. While your coal is high up in rugged mountains, 
scarcely accessible to the iron horse, and remote from the centers 
of manufacture, ours is easily accessible, close to railways and nav- 
igable rivers, in the midst of districts of surpassing fertility." 
'^Illinois, in the year ISGO, was the fourth state in the Union, in 
the number of bushels of coal produced. I predict that our State 
will before long be the commercial center of thel'nion, as it is the 
o-eographical.' From the report of the State Geologist, it will 
appear that this prediction is more than likely to be fultilled. lie 
estimates the amount of coal in a single county, which is not favored 
beyond many others, at over two thousand millions of tons, enough 
to form a permanent source of wealth and undreamed of develop- 
ment. Should we, then, abolish a survey which invites the manu- 
facturer and mechanic and teaches us such lessons of future great- 
ness and points out the way of attaining it I The proud position 
which our State has attained in the Union demands that we should 
not now lag behind our sister states, but, with an enlightened policy, 
foster an undertaking which reflects high credit upon the State, 
while it is calculated to advance our material prosperity ; and even 
at the present time, when all our energies are strained to put down 
a o-igantic rebellion, it would be uuAvise to withhold a comparatively 
smaU appropriation, and thus stop the work and cause the loss of 
a large portion of the valuable material already collected. 

Accompanying, I submit a short report of progress by the State 
Geologist, from which it appears that during the last year the sur- 
vey has been vigorously prosecuted. Quite a number of counties 
have been examined, and detailed geological maps executed of 
several of the explored districts. Several colleges and scientitic 
institutions have been furnished by the survey, at their solicitation, 
with collections of duplicate specimens, forming a most welcome 
addition to their means of information. 

A leno-thy report of the State Geologist, of considerable scien. 
tific value, embodying the labors of the present State Geologist, 
the assistants, and of several prominent scientific gentlemen, who 
aided him in special departments, up to the end of 1S60, was sub- 
mitted at the last regular session uf the Legislature, which failed 
to make any disposition of it. 



13 



EDUCATION. 



For a view of the condition and prospects of the Normal and 
Common schools of the State, and of the invincible arguments by 
which their maintenance and itnprovement arc supported, you are 
referred to the masterly report of the Superintendent of Public 
Instruction. 1 have examined that report with profound mterest 
and attention. It reveals the gratifying fact that the great interests 
of education have sufiered far less, from the stormy events which 
have marked almost the whole period which it embraces, than could 
reasonably have been expected. Indeed, the present condition of 
the public schools is, in several important particulars, more pros™ 
porous and hopeful than ever before, while the number of students 
in the Normal University is considerably larger than at any former 

^""Mos't if not all of the amendments of the last session of the Gen- 
eral Assembly, have been found to work well, while the effects of 
grading county certilicates and granting life certiiicates to teachers 
of distinguished merit, have been particularly auspicious. Lut i 
do not propose even a synopsis of the Superintendent's report. I 
merely solicit for it the earnest consideration which the magm- 
tude of the themes presented, and the great force and convincing 
ability with which they are discussed, so justly entitle it, and to 
recommend a continua;ice of that enlightened and liberal policy 
with reference to free schools, which has already done so much tor 
the honor of the State, and the fruits of which are to be enjoyed 
by ourselves and future generations. 

COLLEGES EOR THE BENEFIT OF AGRICULTURE AND THE ^lECHANIC 



ARTS. 



Your attention is, also, called to an act of Congress donating 
public lands to tlie several states and territories which may provide 
colleges tor the benefit of agriculture and the mechanic arts, ap- 
proved July 2, 1862. 

By this law there is granted to the several states, npon the con- 
ditions specified therein, an amount of public land, (to be apportioned 
to each state in the ratio of 30,000 acres for each senator and 
representative in Congress, to which the states are respectively 
entitled by the apportionment under the census of I860,) the inter- 
est arising from the sales of which lands shall be inviolably appro- 



14 

j)riated by each state, for the purpose of the endowment, support 
and maintenance of at least one college, where the leading object 
shall be to teach such branches of learning as are related to agri- 
culture and the mechanic arts, and military tactics, without exclu- 
ding other scientific studies. 

One of these conditions is, that no state shall be entitled to the 
benefit of the act, unless it shall express its acceptance thereof, by 
its Legislature, within two years from the date of its approval by 
the President. 

The eminently worthy objects of this munificent donation will 
unquestionably meet with your warm approval and indorsement. 
The agricultural interests of our great State are far in advance of 
all others, and every measure which tends, to the development of 
our resources, the advancement of agricultural knowledge, and 
improvements in our mechanical arts should receive our encourage- 
ment and support. I commend, therefore, this subject to your 
careful and earnest consideration, and recommend that the neces- 
sary laws be passed to avail our State of this grant. 

STATE BENEVOLENT INSTITUTIONS. 

The reports of the various State benevolent institutions at Jack- 
sonville — for the blind, insane, and deaf and dumb — lia\e not yet 
reached me. When they are presented, I shall submit them to 
the General Assembly. I recommend that the usual appropria- 
tions for these institutions be made as heretofore, on the grounds of 
obvious necessity and charity. Provision should be made in all 
well-regulated communities for persons so unfortunately mentally 
or physically afflicted as to be unable to maintain themselves. 

THE NEW PENITENTIAEY. 

By reference to the report of the Penitentiary Commissioners 
to the Auditor of Public Accounts, which will be laid before your 
body, it will be seen that the total expenditures to this date in the 
construction of the penitentiary amount to $ 752,352 85. It will 
further be observed that of the appropriation of $226,093 48, 
made by the last General Assembly, to carry on the work, there has 
been expended $223,725 43 up to this date ; and that additional 
work, amounting to $116,388 00 has also been done; for which 
the Commissioners have issued to the contractors their acceptances, 



15 

payable when the Legislature should make an appropriation to 
cancel the same. 

In their report, the Commissioners have set forth in detail what 
seem to be well-founded reasons for the course they have pursued. 
They likewise present a carefully prepared estimate of the amount 
that will be required to complete that work. From all the informa- 
tion I have been able to obtain upon the subject, it would appear 
that the appropriation made by the last General Assembly has been 
judiciously and economically expended ; and that the estimates for 
the final completion of this important work are reasonable and 
just. 

I, therefore, respectfully recommend that the necessary appro- 
priations be made to pay the Commissioners' acceptances and com- 
plete the work. 

The last General Assembly enjoined* upon the Commissioners 
the duty of presenting to the present Legislature a system for the 
future control and management of the penitentiary. In pursu- 
ance of that requirement, they have prepared and will present for 
your consideration a bill, embodying some of what they deem to 
be the most desirable features of the systems governing such in- 
stitutions in other states. This is a subject which ought to, as I 
doubt not it will, receive your most careful consideration. 

The State, at a large expense, has now nearly finished one 
of the most extensive and complete j)enitentiaries in the world, 
embracing all the modern apj:>liances for the safety and M^ell- 
being of the convict. It now devolves upon you to adopt such a 
system for its future management as shall be in harmony, as well 
with the vast outlay of money by the State in the erection, of so 
extensive a work as the most approved methods of conducting 
penal institutions. I bespeak such attention to the views of the 
Commissioners, embraced in their reports to the General Assembly 
and the Auditor, as their careful study of the whole subject would 
seem to merit. 

UNITED STATES AEMOKY, AKSENAI. AJSTD NAVAL DEPOT. 

As these important public buildings will undoubtedly soon b 
located at some points in the West, and the various states will enter 
into a natural and pro])cr rivalry therefor, I cannot too strongly 
urge you to memorialize Congress upon the subject, and to present 
the strong claims and superior advantages which our State pos- 



16 

sesses. Most surely we can hold out every inducement — capacious 
liarbors, navigable rivers, water-power, material for building ships 
and manufacturing- arms, coal, railroad facilities and connections — 
and whatever else is necessary in these public works in as great 
abundance, as cheaply, and of as good quality as any other state 
in the Union. 

TUE ILLINOIS AND MICHIGAN CANAL ENLARGEMENT. 

Congress has now under consideration the subject of the enlarge- 
ment of the Illinois and Michigan Canal, so'as to allow the transit 
of steamboats and vessels of war from the Mississippi to the Lakes. 
As a great militar}'- measure, enabling us to concentrate our mili. 
tary force from the South and the Valley' of the Mississippi upon 
the Lakes, or to send our fleets from the Lakes down the Mis- 
sissippi, to meet any emergency of the country, this work cannot 
be excelled in importance. Considered in its bearing upon the 
commercial, manufacturing and agricultural interests, it is of the 
utmost magnitude. But not only this, it would be another bond of 
union between the North and the South, the East and West, 
bringing all into closer relations, by increased inter-communication 
over this great continental thoroughfare, I therefore recommend 
to the General Assembly that Congress be earnestly memorialized 
to construct this great national work. 

In this connection, I submit, herewith, a letter from the President 
of the Central Railroad, of date December 3, 1862, for a union of 
the waters of Lake Erie and the LIudson river, by the enlargement 
of the Erie Canal to dimensions large enough to float lake vessels 
through, without breaking bulk, I think this a subject also worthy 
of being brought to the attention of Congress. The State of 
Illinois has a deeper interest in the construction of both these last 
named works than any other State, because her capacity for produc- 
tion is boundless, and every year she has a surplus far beyond her local 
wants. All she wants to give value to her present surplus, to in- 
crease her future production ten-fold, and in every conceivable 
manner to add to her wealth and prosperity, is ways to maeket. 

ILLINOIS CENTKAL KAILROAD, 

It is with regret I mention that the Illinois Central Railroad 
Company has failed to pay the State, both the June and Decem- 
ber installments of the seven per centum proceeds of the road, due 



17 

in December, 18G1, and June, 1862. The Auditor has caused a 
suit to be instituted against the company, which is now pending. 
The road being a north and south one, seems to have been much 
embarrassed by tlie blockade of the Mississippi, reducing largely 
its receipts from the southern end of the road, and also from the 
fact that it has been required to afford military transportation to 
the United States at one-third less than the average rate allowed 
to other roads. Two points of difference have arisen between the 
president of the company and the State authorities. The compa- 
n}'- claims the right to have audited against the State the sum of 
$116,Y19 08 for military transportation, partly ordered by the 
State authorities. They do not claim that this sum can be legally 
set off against the seven per centum gross proceeds due the State. 
The president disavows any such claim. He claims, however, 
that the United States refuses to pay this amount until the Board 
of Army Auditors have audited the claim against the State, as the 
accounts of other roads have been audited. 

On the other hand, it has seemed to me that, as by the terms of 
the charter, the road was "to be free to the United States ;" and, 
as the company had entered into a contract with the United States, 
as to terms of transportation, and stipulated for compensation for 
rolling stock, and additional expense incurred, growing out of in- 
creased demand upon the capacities of the road, that the claim of 
the road, for its transportation account, was properly chargeable 
to the United States and not to the State. I have interposed no 
objection to the Board of Auditors certifying to the performance 
of the service and the correctness of the account, but could not see 
that the State should charge herself with the debt and wait the 
pleasure of the Government for reimbursement. It is not clear 
that the claim, once audited against the State, would not become a 
legal set-off against the seven per cent, gross proceeds due the 
State. In such case, the United States failing to reimburse in 
time, the State would, to that amount, be unabld to purchase inter- 
est paying State indebtedness, to which purpose the seven per cen- 
tum of the gross proceeds is to be specifically applied, as dii-ected 
by the terms of the charter of the road. 

The other point of difference, and now pending by friendly re- 
ference to the Supreme Court, is this : The president of the com- 
pany claims the right to report, as the gross earijings of the road, 
the amount received in currency reduced to a specie basis, or a 



18 



discount equal to the difference in the market vahie between paper 
and specie. I cannot controvert the equity of this claim, m so lar 
as the company may have actually and necessarily sustained loss 
in payinc? out the currency or buying exchange, because the com- 
pany could not be expected to refuse the common currency of the 
country in the payment for transportation, received by other 
roads; and because, also, so far as currency was received, that 
would be "gross proceeds," of which seven per centum would be 
due the State in ^currency, and not in specie without discount. 
But, while I could not deny the equity of the discount claimed, I 
did not believe that, as an executive officer, I would have the 
right, without special authority from the Legislature, to allow the 
discount, because it would devolve upon me a judicial duty to 
determine what the discount actually had been, from day to day, 
in the fluctuations of value. The report of the president is requir- 
ed by the charter to be verified by affidavit, and I think it would 
be just to the Central Kailroad, if the General Assembly would 
confer upon me the power to settle with the company, allowing it 
the discount actually sustained, as verified by the oath of the pre- 
sident. It would be proper, I think, also, for the General Assem- 
bly to pass a declaratory law, authorizing the company to receive 
the common currency of the country, and requiring exact accounts 
to be kept from day to day of losses actually sustained, verified by 
oath, and that the State should collect seven per centum of the 
amount received in dollars, first deducting the amount of such 
losses. 

It is to be said, in behalf of this company, that they have most 
promptly, willingly, and uncomplainingly responded to all the 
calls of the Government in the transportation of troops ; and 
very many cases have come to my knowledge, in which they have 
transported our sanitary stores, and nurses, and moneyless sick 
and wounded, without expense. Indeed, from the best informa- 
tion I can get, it may be said, of all the roads of the State, that 
they have promptly met the calls of the Government, in its pre- 
sent emergency. So far as abuses may have occurred, in all cases, 
I suppose, they have been without the approval of their chief 
officers. 

It is proper to state, that in no event can the State lose its sev- 
en per centum of the proceeds of the road, because the 24th sec- 
tion of the charter provides that "the State shall have a prior lien 



19 

upon said road and branches and all the appurtenaces and stock 
thereof, for all penalties, taxes, and dues^ which may accrue to the 
State from said corporation, as provided herein ; which lien of the 
State shall take precedence of all demands judgments, or decrees 
against said corporation." 

THE BANKS — CUKKENCT. 

The out-break of the present unprecedented rebellion found ue 
with a circulation of bank notes, under our banking law, of over 
$12,000,000 ; secured by State and United States stocks to the 
amount of over $13,000,000. About threc-fonrths of this sum was 
made up of stocks of the southern states. Of course, so fast as 
these states threw off their allegiance, and arrayed themselves un- 
der the banner of rebellion, confidence in their credit, in a great 
measure, was destroyed, and their stocks rapidly depreciated in 
value. From ninety and one hundred cents on the dollar, they 
soon fell to forty and fifty. 

"Whenever the securities of any bank, by this depreciation, fell 
below the amount required by law, the Auditor gave the necessary 
notice, requiring the owner to make "up the deficiency, and failing 
to do this, it was at once placed in liquidation, and the assets sold. 
This result could not have been foreseen or provided against. 
The direct consequences of a war, in any country, are, to disturb 
its financial operations. The channels of trade are obstructed and 
changed, a speculative feeling and new demands produce a revo- 
lution in prices and exchanges, and a general derangement in ali 
the great interests of trade and business is sure to follow ; regu- 
larity and permanence are succeeded by fluctuation and change. 

The loss at the time, to our citizens, from this failure of securi- 
ties, was immense ; but it could not have fallen upon them at a 
time when they were better able or prepared to sustain it. Unin- 
terrupted prosperity, unequaled in the history of any state or na- 
tion, had characterized and attended all the material interests of 
our people. Unparalleled harvests, the rewards of their industry, 
had filled their granaries, and brought to our farmers rich, rewards. 
As great as the loss was, such has been the appreciation in gold^ 
(for which the bonds sold,) that those who have been able to hold 
their bills until this time will be able to realize their par value, ill 
many cases far in excess of it. 



20 

The amendments which were made to the General Banking 
Law, at the last regular session of the Legislature — designed to pre- 
vent the issue of any more circulating notes to the banks, exceeding 
three times their actual cash capital, and absolutely prohibiting any 
issue except in cases where an actual and bona fide capital of at 
least $25,000 exists — seem to have answered the intended pur- 
pose. It is believed that the circulation of our existing banks is 
well secured. I suggest, however, to the Legislature the expedi- 
ency of further legislation in relation to the custody of the bonds. 
In my message to the Legislature, at its opening session, of 1861, 
I recommended "that provision be made against illegal transfers 
or removals of bonds from the custody of the State Treasurer, by 
the use of a stamp or seal, or other identitication, which would 
prevent their being negotiated." As this is the only great risk the 
bill-holders run, I suggest whether it would not be well to re- 
quire an absolute transfer, l)y indorsement upon the bonds, of the 
securities deposited for circulation, to the State, and a provision for 
their cancellation, and the issuing of new bonds when said securi- 
ties should be taken up by the bank or Auditor, for purpose of 
sale, under the provisions of the law. I understand such provi- 
sion exists in some of the states — in one, where I am told that, 
previously thereto, securities had been abstracted from their depos- 
itory. So great has been the injurj^ to the people of this State 
from losses on securities deposited for circulation, (though, I am 
happy to say, no loss has occurred in this State, from the fault of 
any custodian of such securities,) that no precaution for the protec- 
tion of the public should be omitted. 

The subject of the currency is one of the most intensely interesting 
to thepeople of the State, The circulating medium controls and regu- 
lates all our industrial interests. In war and peace it is the great 
engine that moves both men and merchandise, distributing, as it 
does, the very life-blood of the bod}^ commercial and industrial. 
Any sudden change in the currency of the State or nation is to be 
deprecated, because its eifects are felt through all the ramifications 
of commerce, and even society itself, for good or evil. If the 
results be beneficial, they are most generally counterbalanced by 
great wrongs inflicted on some portions of the conmiunity or some 
branches of business. If they be evil, the whole community suf- 
fers to such a degree as to completely paralyze every branch of 
industry. I would consequently recommend great care and pru- 



ii 



21 

dence in all your action looking to this most important subject, as 
the interests of the entire State are involved therein. We are also 
living in times of great political changes, the like of which had 
not before been experienced, and such as have in all times involved 
great financial perturbations. The secession of tha revolted states 
cost our people millions of dollars through the depreciation of 
their stocks held as security for the circulation of our banks. 
!N"ow, however, I am happy to state, only the stocks of our own 
State are used. Thus, it behooves us, not only from motives of 
interest, but from the instinctive feeling of loyalty existing in the 
breast of every true patriot, that we should take especial pains in 
preserving the currency of our State on such a basis of solid secu- 
rity as will make it the pride of our own and the admiration of 
every other people. 

IJNIFOEM CURKENCY BETWEEN THE STATES. 

I do not know of a more appropriate period than the present for 
calling your attention to the propriety, and indeed necessity, of a 
more unilbrm system, as between the states, in respect to matters 
of currency, and many other subjects of general legislation. Such 
uniformity would tend to more closely knit the states together. 

It will strike any person at all conversant with monetary affairs, 
that a currency of imiform value throughout the entire country is 
greatly to be desired. It tends to the more perfect regulation of 
our system of trade and commerce, obviates ruinous differences in 
the rates of exchange, and makes it the interest of the whole peo- 
ple to uphold and protect the representative of value, whatever it 
may be. Every man who holds a live dollar treasury note has so 
much interest in upholding the common country, I have no doubt 
had a uniforni currency existed throughout the Union, previously 
to the breaking out of the rebellion, our relations would have been 
so interwoven as to have rendered it difficult for the traitors to 
have consummated, to the extent now unfortunately existino- the 
secession of the revolted states. The initiative upon this subject 
could be happily taken ,by our State in recommending to other 
state legislatures some basis for a currency to be adopted as nearly 
as may be with a view to bring about the uniformity so much to 
be desired. 



22 



STATE DEBT. 



Since the last regular meeting of the Legislature, in addition to 
the payment of interest, the following amount of State indebted- 
ness has been liquidated, viz : 

With the State debt fund, principal and interest, . . $38,260 06 

With the Illinois Central Kailroad fund, 20,140 93 

Interest stock paid under Governor's proclamation, 

since January 2, 1861, 12,000 00 

$70,400 99 

The amount and specifications of the remaining debt on the 1st 
day of December, 1862, wore as follows: 
Illinois bank and internal improvement stock, due 

after 1860, .^. . $31,000 00 

Illinois internal improvement stock, due after 1870, 42,000 00 
Illinois and Michigan Canal stock for IST. C, E. R., 

due after 1860, T. 3,400 00 

Internal improvement scrip, pavable at the pleas- 
ure of the State, 21,293 39 

Liquidation bonds, payable after 1865, 243,890 21 

]^ew internal improvemeijt stock, payable after 

1870, 1,970,966 84 

Interest bonds of July, 1847, payable after 1877,. . 1,322,985 33 
Interest stock of 1857, payable at the pleasure of 

the State, _. 737,223 59 

Three certificates for arrears of interest, 1,363 83 

Refunded stock (coupon bonds,) (see exhibit,) 1,951,000 00 

mrmal University bonds, due after 1879. . .' 65,000 00 

Thornton loan bonds, due after 1879, 171,000 00 

Balance canal claims, Thornton loan, 14,624 61 

War bonds due after ($50,000 for revenue purposes,) 2,050,000 00 



I 



Illinois and Michi2:an Canal bonds, 

payable in New York $1,856,100 00 

Illinois and Michigan Canal bonds, ' 

payable in London, 1,777,822 23 



18,625,747 80 



8,633,922 23 



Interest certificates canal stock, unregistered, 19,713 38 

Canal scrip, '. ' 4,039 02 

$12,283,422 43 
Macallister & Stebbins bonds, 53,958 94 



Total debt $12,337,381 3Y 



23 



KEVENUE — RECEIPTS AND EXPENDITURES. 

The receipts into the treasury for revenue purposes for two years, 
ending November 30, 1862, including the amount of the two mill 
tax and other funds transferred to the revenue, in accordance with 
the act of February 8, 1861, and the amount of said funds paid 
directly to the credit of revenue by virtue of the same act, together 
with the receipts of revenue from all other sources, as appears from 
the report of the Auditor, is $1,775,239 87. 

Of this amount there has been paid out in the same period for 
the ordinary and contingent expenses of the State government, as 
shown by the Auditor's report, the sum of $864,007 04. 

For special appropriations, including the carrying on of the 
works of the new penitentiary at Joliet, and imjjrovements of 
various kinds constructed at the State charitable institutions at 
Jacksonville, the further sum of $531,271 S3. 

There has also been paid the further sum of $5,263 81, in 
redemption of warrants issued previously to December 1, 1860. 

The above suras, paid out, amount in the aggregate to $1,400,- 
542 68, leaving in the treasury, on December 1, 1862, $374,697 19. 

On the first day of December, 1860, the treasury was completely 
drained of revenue, as can be seen by reference to the reports 
made to the last General Assembly. 

INTEREST FUND. 

The amount of interest fund received during the two years cov- 
ered by the reports of the Auditor and Treasurer is $1,163,419 36. 

This amount, with the sum of $259,424 90, on hand December 1, 
1860, and $286,292 15 transferred from the revenue fund for the 
purpose of payment of interest on the public debt, as authorized 
by the act of February 8, 1861, makes, in the aggregate, $1,699,- 
136 41. 

From this sum has been paid the interest accruing upon the 
funded debt of the State, amounting to $1,338,153 41. 

This leaves in the hands of the Treasurer on December 1, 186^5, 
the sum of $360,983. 

Of this amount some $334,911 97 will bo required to meet the 
installment of interest due eTanuary 1, 1863. Also a further sum 
of $410,164 92 will be required to meet the installment of interest 
due July 1, 1863. 



24 

This latter amount is, however, subject to variation, on account 
of the fluctuations in the rate of sterling exchange. The basis 
used in the calculation is 11 per cent, premium for exchange when 
purchased with coin. 

The reason that a larger amount will be required for the July 
installment of interest than for that falling due in January is 
because the interest on a part of the sterling canal bonds is payable 
annually, instead of semi-annually, as is the case with other bonds 
issued by the State. 

The laws, governing the levy and rates of the tax for interest, 
purposes, now in force, authorize the Auditor to levy, for the pay- 
ment of interest on the debt, other than the " War Loan," a tax 
not exceeding one and one-half mills on the dollar of taxable pro- 
perty. The Auditor is also authorized and required to levy (in 
addition to the foregoing) such a rate of tax as will produce an 
amount sufficient to pay the interest on the "War Loan." 

The taxes levied by the Auditor under these laws are one and 
one-half mills on the dollar for general interest purposes, and one- 
half mill on the dollar for interest on the "War Loan." 

The first of these rates is the highest allowed by law. The last 
is presumed to be sufficient for the purpose of paying the interest 
on the "War Loan," no more than a sufficient rate for the pay- 
ment of which interest can be legally assessed. 

An examination of the statements- contained in the Auditor's 
report, showing the amount of property assessed in the State, and 
of the statements showing the proportion collected of the taxes 
levied, will demonstrate clearly that the receipts of interest tax at 
the highest rates of levy nov/ authorized will fall considerably short 
of the amount of interest to be paid. I presume that no change 
in the rates of tax for this purpose would be necessary, if reliance 
could be placed on the prompt payment of State taxes by the Illi- 
nois Central Railroad, as the fund derived from the payments of 
said company, together Avitli all other surplus funds in the treasury, 
is by law made subject to the payment of interest. The experi- 
ence of the past year sliows that this source of revenue cannot, 
with certainty, as to time, be relied on. It therefore seems neces- 
sary that a higher rate of taxation should be authorized for pay- 
ment of interest on the public debt. It will be for your honorable 
body to determine the proper rate to be authorized. My own 
opinion is that not less than three mills on the dollar of valuation 
will be found sufficient. 



25 



COLLECTION OF TAXES. 



In view of the entire withdrawal of gold and silver, and the 
substitution of United States Treasury currency as a circulating 
medium, I cannot but deem it my duty to recommend the passage 
of laws authorizing the collection of State and other taxes in the 
national currency. The difficulty, amounting almost to impos- 
sibility, of obtaining coin at any rate of premium places it out of 
the power of the mass of the tax payers to discharge their obliga- 
tions to the State Government in any other than the currency they, 
themselves, are required to receive for their labor and productions. 

I am clearly of opinion that the effort to collect taxes in coin 
would only result in certain failure. I would, therefore, recom- 
mend this subject as one demanding your immediate attention. 
It is important that whatever action is had in the premises should 
be at the earliest possible date, the tax books being now in the 
hands of the collectors. 

There is gold enougli in the treasury, accruing from the interest 
tax, to pay the interest due January 1, 1863. There is also suf- 
ficient, including interest, revenue and Central Railroad funds, to 
pay that falling due in July, 1863. The revenue now collected to 
pay interest will also not be needed till the 1st of January, 1864, 
At that date, if foreign bondholders will not receive the Treasury 
notes, and if these notes will not command the amount due at par, 
it would perhaps be better to convert them into gold at a discount, 
if the credit and best interests of the State should depaand it, 
rather than attempt the impossible task of collecting the taxes in 
gold and silver. Should the taxes have to be paid in gold and 
silver it is certain that the rates which our farmers and mechanics 
would have to pay for the precious metals would be ruinous. 

THE WAK FUND. 

The Legislature, at its called session, appropriated, for war pur- 
poses, the sum of $3,550,000, as follows : 

For the purchase of arms $500,000 

" expenses and pay of the ten regiments called into 

State service 1,000,000 

" Executive contingent war fund 50,000 

Under the act creating a war fund 2,000,000 

Making, as above, $3,550,000 



26 

Under these several appropriations the Legislature only provided 
for the issuing of bonds to the amount of $2,000,000, and bonds 
have been issued and sold to that amount. 

ISTotwithstanding the necessity of the sale of these war bonds at 
a time of great financial embarrassment, and when bonds from 
nearly every other state were thrown upon the market, the amount 
realized therefor was largely above their value in the New York 
market. 

The condition of this account, in the aggregate, is as follows : 

Amount received from the sale of bonds 81,767,395 00 

" received from United States, reimburse- 
ments of expenditures, 1,841,129 08 

" refunded to the treasury, on erroneous al- 
lowance, 565 43 

" returned to the treasury, undisbursed, for 

State troops , . 1 707 08 

$3,610,796 59 
By amount of Auditor's warrants on this fund, 
paid and canceled, 3,595,695 26 

Leaving now in the treasury $15,101 33 

Amount of warrants yet outstanding, is §303,616 52. 

Besides paying to the L'nited States the quota of the direct' tax 
assessed against the State of Illinois, there yet remains due to the 
State, from the United States, for expenditures embraced in the 
foregoing statement, and now pending for adjustment, the sum of 
$779,998 00. 

The amount of claims for which warrants have not, as vet been 
issued, will not change the relative result. 

It will be thus seen,' although it was undoubtedlj^ the intention 
of the Legislature to increase the State indebtedness to the amount 
of these war appropriations, that from the funds arisino- from the 
bonds sold, a debt of the State to the L^nited States of $1,146 551 
has been liquidated, and that when the State shall have been fully 
reimbursed for claims yet unadjusted, the whole cost of the war to 
our State, from discount on bonds and all other expenses, outside 
of the direct tax laid upon us by the general government, aforesaid, 
up to this time, is less than half a million of dollars. 



27 



DIKECT TAX. 



Your attention is called to a law of Congress, passed August 5, 
1861, imposing a direct tax upon real estate of $20,000,000. 
This sum was apportioned by the provisions of said act to the 
states respectively — the portion of the State of Illinois being 
$l,146,5ol|-. The 53d section of said act, provides, "That any 
state or territory and the District of Columbia, may lawfully 
assume, assess, collect, and pay into the treasury of the United 
States the direct tax, or its quota thereof^ imposed by this act upon 
the state, territory or District of Columbia, in its own way and 
manner, by and through its own officers, assessors and collectors ; 
■^ * and any such state, territory or district, which shall give 
notice by the Governor, or other proper officer thereof, to the Sec- 
retary of the treasury of the United States, on or before the 
second Tuesday of February next, and in each succeeding year 
thereafter, of its intention to assume and pay, or to assess, collect 
and j)ay into treasury of the United States the direct tax imposed 
by this act, shall be entitled, in lieu of the compensation, pay per 
diem and per centage, herein prescribed and allowed to assessors, 
assistant assessors and collectors of the United States, to areduction 
of fifteen per centum on the quota of direct tax apportioned to such 
state, etc. * '•• And provided further, that the amount of the 
direct tax apportioned to any state, etc., shall be liable to be paid 
and satisfied, in whole or in part, by the release of such state, etc., 
duly executed, to the United States, of any liquidated and deter- 
mined claim of such state, etc., of equal amount against the United 
States." 

In pursuance of these provisions, on the 18th of January last, I 
gave the necessary notice to the Secretary of the United States 
treasury, that the State of Illinois would assume and pay its 
quota of said direct tax imposed on said State, and " that the mode 
of such payment will be by executing a release of an equal amount 
of the liquidated and determined claims of said State of Illinois 
against the United States, according to the 3d provision of said 
53d section of said act." 

On the 31st day of September, 1862, 1 received an official notice 
from the Treasury Department, that " the sum of $974,568 67 
has been carried to the credit of the State of Illinois, in liquidation 
of her quota of the direct tax imposed on the State by act of Con- 



28 

gress, approved August 5, 1861, less fifteen per centum. Tho 
amount saved to the State by this mode of payment, is $171,983. 

In pursuing the course above indicated, in addition to the above 
suni, there were saved to the State tlie expenses of a called ses- 
sion of the Legislature, and the salaries of a host of new officers, 
or a large increase of the compensation of those already il^ exist- 
ence, and the people relieved from the burden of this tax. 

It will be necessary for the Legislature to pass the requisite en- 
actment, approving and confirming my action in the premises. 

By a subsequent act of Congress, approved July 1, 1862, the 
collection of this direct tax is suspended, after the first levy, 
[assessment] until the 1st of April, 1865, and no further action 
will be required until that time. 

TUE EXECUTIVE CONTINGENT WAIi FUND. 

In pursuance of the law passed at the last special session of the 
Legislature, I submit, herewith, a statement of the items of ex- 
penditures, and the amounts allowed out of the contingent war 
fund appropriated at said special session. 

It will be seen that payments from this fund have been made 
for the uses and purposes following, to-wit : 

For pay of clerks, etc., in Governor's office $4,041 90 

" " " assistants, etc., in Adjutant GeneraPs office. 8,Y32 Tl 
" " " assistants, etc., in Quartermaster General's 

office 6,610 00 

" " ." assistants, etc., in Commissary General's 

office 4,398 00 

" " " members Medical Board 4,604 40 

" " " assistants in Ordnance Department 650 00 

telegraphing, messengers, commissioners, agents, 

and incidental expenses 20,851 62 



S49,T88 63 



The greater number of our troops have been called into the field 
before their regimental organizations were completed, and before 
they were properly armed and clothed. To perfect the records of 
the Adjutant General's office, to ren<ier relief to the sick and 
wounded, and to remedy many evils complained of, I dispatched 



29 

messengers to the different camps, empowered to collect the neces- 
sity statistics, and to report upon the condition of our soldiers, and 
also to render immediate service to them. The services rendered 
by these messengers were invaluable. 

It is a lamentable fact, that in every great battle which lias been 
fought many wounded have been left for whole days without any 
one to minister to their wants. 

I was also compelled to draw against this fund, for the purjDOse 
of paying expenses of messengers who wer« sent to AVashington 
for the purpose of procuring acceptance of troops, obtaining arms, 
clothing, and adjusting the claims of the State for disbursements 
out of the war fund, etc. These services were of vital importance 
and could not be dispensed with. 

In February last, with the news of the battle of Fort Donclson, 
came a demand from the officers and men of our brave army for 
surgical aid and hospital supplies. I immediately repaired to the 
scene of the late conflict with such assistance and supplies as I 
could procure for the relief of the sick and wounded. 

Being fully satisfied, from most alarming representations, and 
from my own observations, that there were great suffering and 
destitution among Our troops, and that the hospital department of 
the army was entirely inadequate to the wants of our soldiers, and 
that, especially after a battle, their privations were greatly in- 
creased from the want of proper medical stores and hospital sup- 
plies, I determined, on the part of the State, with the concurrence 
of the other State officers, to render, as far as possible, the assist- 
ance so much needed. 

When the terrible, but glorious, battle of Shiloh was fought, with 
the least possible delay, I organized a large corps of surgeons and 
nurses, and with the steamer Black Hawk, proceeded to Pittsburg 
Landing. The wounded were in the most frightful condition. 
Many hundreds had been lying for days without having their 
wounds dressed. Many had died without even having been carried 
to their tents, and many were suffering from disease caused by 
want and exposure. They were without supplies or attention. 
Some were taken by us from the banks of the river, exposed to a 
hot sun, and many had to be left without transportation, and in the 
care of agents and nurses, to provide for them as best they might. 

Being able to bring away but a very small portion of the 
wounded from our own State, I directed the Adjutant General, on 



150 

my reluni, to |irococd ii<;'aln on llio sumo errand, lakinc;' witli liiin 
niMiis and clolliinij:;. I'lio same necessity conlinuini*- to exist, I, 
jii^'uin, with siir^'cons and sanitary stores, liliorally snj)])liod by onr 
IV'llow-citi/x'ns, visitinl the Tennessee river, llavini;' hitherto only 
taken those sielv and woniKUul lonnd in ilic inmiediate vieinity of 
the battle lield, J, M'as met on this oeeasion with the following 
up])cal from I)r. G. AV. Stipj), llrigade Surgeon, at Hamburg: 

'-'■May St7). — There are some two or three hundred sick and 
broken down Illinois soldic»rs at this hos])ital, who ought to be 
sent to some of the hospitals i\oi'th. Ohio, Indiana, etc., are 
sending boats to take their mm away. Now, sir, if you can send 
a steamer to this point, she can be loaded iu a day with sick, 
feeble and Avorn out boys. C)ld men, and some middle aged 
eoldiers, if taken ]n'o)H'r care of for a short time, could be returned 
to duty and the balance discharged. Would it not be well for you 
to visit this hosjMtal and see the condition of the men V 

Having already loadetl one boat, 1 procured another, the City of 
Alton, which was loaded at this ])oint. 

The re])orts of the oflicers in charge of these hospital steamers 
show that, under these auspices, over 1,200 sick and wounded 
Illinois soldiers were transferred from scenes of misery and suffer- 
ing to the comforts of northern hosjntals aiul homes. 

The folloM'ing letters IVoni .i)r. Charles McDougall, the veteran 
United States Medical Director at Pittsburg Landing, exhibit the 
appreciation and beneiit of thesQ services : 

" Govenior : — T have the honor to gratefully acknowledge the 
timely aid received from your patriotic State, in the lloating hos- 
pitals for the accommodation of her gallant and bravo sons, now 
prostrate from disease and wounds received in the battle of Sliiloh. 

" It will be my duty, as it is my pleasure, to co-operate with the 
distinguished medical gentlemen of your State now here to relieve 
the sud'ering sick. I am, etc." 

" Governor: — I beg leave to renew the expressions of my obliga- 
tions to yourself and the distinguished sui'geon. Professor Prain- 
ard, as also the ladies and gentlemen of your mission, now on the 
elegant steamer. City of Alton, chartered by the State of Illinois . 
to take to their homes the sick of your gallant State, for their 
efficient aid and hearty co-operation with the medical department 
in providing for the Avants of the sick and wounded from the battle 
field of Shi'loh." 

Besides the aid thus rendered in conveying our sick and wounded 
to hospitals, my agents, then aiul since appointed, have assisted in 
providing for the transportation and Avants of many thousands. 



31 

Many battle fields have experienced the kind ministrations of our 
surgeons and nurses. 

lu tlie performance of these duties heavy exjienses were neces- 
Barilj incurred, (accounts for which and vouchers therefor bein^ on 
file,) and their bein;^ no other fund from which to draw, and deem- 
ini^ my authority ample in the j^remises, payments for these ob- 
jects were disbursed from the contingent war fund, the emi- 
nently humane results fully justifying the appropriation. 

The inability of the government to clothe, arm, subsist, transport 
and pay the troops — the difficulty of getting the accounts of tlio 
State adjusted and reimbursements from the United States, created 
the necessity of frequent journeys to Washington by myself and 
agents, as it was found impossible, in the immense pressure upon 
the departments, to accomplish much without persisteut pergonal 
application. It was at length found necessary to adopt the plan of 
other states and appoint a State agent there. Hon, Thomas 11. 
Campbell, formerly State Auditor, since deceased, was appointed, 
and gave his constant and laborious attention in the adjustment of 
the accounts of the State. 

In the discharge of these and other duties of the executive de- 
-jjartment it is proper to mention that exemption from mistake is not 
claimed. Doubtless errors were committed; very often there was 
but little time for reflection, a multitude of things all pressing for 
attention at the time. Expenses were incurred ; but at tlie time 
they were deemed indispensable and usually upon demand from 
tlie army, tlirough officers, agents or letters, pressing hard for such 
articles as were indispensably necessary to the sick and wounded. 
I can now look back and see that much more of snfferinir could 
have been relieved and many necessaries and comforts have been 
furnished our troops, without complaint from a great and noble 
State. At all events, I feel quite sure no one outside of the admin- 
istration can have any fair idea of the magnitude of the task and 
the embarrassments it has encountered on every hand. 

ALLOTMENTS OF PAY OF VOLUNTJ^EES. 

Congress, on the 24th of December, 1801, passed an act requir- 
ing the President to appoint not exceeding three persons for each 
State, to visit the volunteers in the field and receive, "from time 
time to time, their respective allotments of pay to their families or 
friends," The law required ttiat said commissioners should re- 
ceive no pay from the treasury of the United States. I have been 



32 

unable to see why the Government should depart from the usual 
course of remuneration in this case, when, most certainly, the ser- 
vice required is one of the most difficult, responsible and useful 
character. Satisfied of the great importance of this service I have 
kept in correspondence with the two commissioners, who entered 
upon this service for Illinois soldiers, and know that they have de- 
voted most laborious efforts to the proper discharge of their duties 
in conve3'ing thousands of dollars to the needy families of the poor 
soldier. 

I deem it my duty to recommend that proper compensation be 
allowed to said commissioners, at least for the time they have been 
absent from their homes in carrying out the objects of their benev- 
olent missions. 

THE IMILITIA. 

Upon the subject of the organization of the Militia of the State, 
I cannot add to the recommendations of January, 1860, except to 
uro-e a thorouo'h revision of the laws now in force. These laws 
seem to have been passed more with reference to an organization 
for a time of peace than one expected to cope with the stern reali- 
ties of actual warfare. The elibrts which have been made for or- 
ganization under these laws have failed; and I cannot see that any 
organization will be entirely successful. which does not provide those 
under militia training with tents and other camp equipage, and, 
which does not also furnish subsistence during the time that the 
troops are required to remain in their camps of instruction. The 
United States would, I think, furnish arms, ammunition, etc., and 
should the troops be called into the field, reimburse the State for 
necessary expenses incurred. Under an organization of this kind 
Massachusetts had, at the commencement of the rebellion, six thou- 
sand of the best disciplined and equipped troop3 in the world, 
and was enabled to send them into the field upon very short notice. 

At the commencement of the rebellion serious apprehensions 
were entertained of the occupation of Cairo by the rebels. There 
have also been some inconsiderable raids into the State by guerrilla 
parties. It is^also believed, from the appearance of considerable 
bodies of cavalry from the Kentucky side of the river, that incur- 
sions would be made into the State but for the precautions in hav- 
ino- our own troops posted on this side of the river to repel them. 
The attention of the Legislature is called to the subject of providing 



against any emergency which might arise, involring necessary pro- 
tection to our citizens and the proper defense of the State. 

DEAFTING. 

It is also suggested to the Legislature that provision should be 
made for drafting in all cases in which it may be necessary to repel 
invasion, suppress insurrection, and supply any deficiency in the 
ordinary militia organization. Indeed, cases may arise in which 
the State, unprovided with laws to draft, might be absolutely 
powerless, and the most serious consequences ensue. In these 
revolutionary times it is imperatively important that such amend- 
ments should be made to our present laws, as will enable the State 
to call out its full strength of militia upon the shortest notice. 

MILITARY SCHOOLS. 

The subject of military education, in the present condition of our 
country, with a war of vast proportions and consequences full upon 
us, is of such vital importance that I would be derelict in the dis- 
charge of my duties were I to fail to urge upon you its careful con- 
sideration. 

While it is true that no nation on earth can so readily adapt itself 
to a state of war, or display all those qualities of courage and en- 
durance, which constitute true heroism, it is also true that greater 
attention is paid to military training and to the encouragement of 
military schools in almost every other nation than in ours. 

We have hitherto relied upon the intelligence of our people, 
the general diffusion of knowledge among us, and the beneficent 
character of our free institutions- to save us from the calamity of 
war ; and have sought rather to acquire knowledge in the arts of 
peace than to attain that military skill, which, in other countries, 
is taught systematically in schools and universities. 

It has been the enlightened aim of our statesmen to conduct the 
afi:airs of the government for the promotion of the institutions of 
peace. It had also been confidently hoped that such had been our 
advance in civilization that war could be avoided. But nothing can 
demonstrate the fact that the last resort may sometimes be abso- 
lutely necessary, more than the present unwarranted and causeless 
rebellion. Under such circumstances it seems of vital importance 
that the soldier should be trained in a soldier's duties, and that espe- 



34 

cially the officers should have sufficient military knowledge to lead 
their troo2)S to victory with the least possible loss of life. If when 
war comes it shall re([uire months to train officers and men in the 
arts of war we cannot reasonably hope for success against a well 
instructed and well-drilled and disciplined enemy. A knowledge 
of mathematics, the uses ot machinery, military drawing, modes of 
attack and defense, knowledge of artillery, etc., are of immense im- 
portance, if not indispensable, to the officers of our army. 

In no way can we be so well prepared for war as in knowing- 
how to meet it, and in becomingfarailiar with warlike preparation. 
It has been supposed that some system of military education can be 
devised in connection with our free schools, which, while it will 
reach all classes, will in a great degree accomplish the desired ob- 
ject without any material increase of the public burthens. 

Many of our colleges and seminaries, within the past year, have 
organized, and attached thereto, military departments. I have 
been frequently solicited to furnish arms for the purpose of drill. 
I recommend that some provision be made on an economical scale 
to meet demands of this sort. 

While I would o])pose the building up of military academies by 
the general government, to a greater extent than is required for 
the education of those ofricers at\ ached to the regular army, I w^ould, 
on the other hand, give every encouragement to the inclinations 
of our people, as a State, in this direction, and stimulate every en- 
terprise having for its object a general system of military training, 
and the diffusion of military knowledge. 

|brigai)i.no of TEOOrS. 

I call your attention to what I regard a serious disadvantage to 
the service. It has been the practice of the array of the Potomac 
and heretofore of the army of the "West, instead of brigading troops 
from the same State under the command of its own generals, to 
so brigade them as not to have more than one or two regiments 
from the same State in a brigade. The tendency of such a course 
is to destroy local ties and attachments, and to weaken the feeling 
of state pride and of responsibility to their friends and neighbors 
at home, which M'onld animate brigades constituted only of regi- 
ments from the same state, and commanded by state commanders. 
In thus dividing our regiments, placing Illinois men under coni^ 
manders from other states, they lose their identity, and feel that 



35 

if they achieve glory it will not redound to themselves or tlicir 
state. 

Another point. In the early stages of the war, the patriotism 
of our citizens was so great that in each call onr quota was more 
than full and thousands of lUinoisans entered the service in Mis- 
souri and other states. There is a stong desire on the part of all 
such to be recognized as Illinois troops, and the department at 
Washington has only partially responded to their wishes in this 
behalf. I desire to suggest to the General Assembly, that a memo- 
rial to the President and Congress, for a change in these last par- 
ticulars, would, perhaps, meet with their favoraVjle consideration. 

ELECTION OF OFFICEKS. 

Here is another subject, in respect to which, I believe, the inter- 
ests of the service would not suiter. That is for the General As- 
sembly to petition Congress to amend its law of July, 1861, so as 
to confer upon each regiment and company in the service the elec- 
tion of its own officers. In consequence of the remoteness of the 
army, I find the greatest difficulty in exercising the power of 
appbintment, even to my own satisfaction. It involves the neces- 
sity of deciding frequently upon ex j!?arzfe statements. While 
endeavoring to adjust the scales as impartially and equally as I 
can, between Eepublicans and Democrats, I find that each com- 
plains that the other is unreasonably favored ; which fact may be 
considered some evidence of impartiality. I must be permitted 
to claim that I have been fortunate in my appointments, from the 
fact that in no single state have the officers so generally distin- 
guished themselves, or in which there have been so many promo- 
tions to the higher ranks, as in our own Further, almost every 
colonel in the service, has proved himself worthy of promotion, 
Xothins: has so far occurred in the conduct of our officers or men to 
show tliat many, if any, great mistakes have been committed in the 
exercise of the appointing power. But at the same time, I have 
the utmost confidence in the judgment and patriotism of the men 
composing the various regiments, and I could not fear that the 
power might be safely entrusted to them, if Congress can be pre- 
vailed upon to amend its law by taking the appointing power from 
the governors of the diflerent states, and leaving the elections to the 
officers and men of the regiments. The Executives would then 
be relieved of a most laborious and unthankful service, which 



36 

consumes much timo which could well he devoted to other great 
duties devolving upon them. 

TAKING THE VOTES OF VOLUNTEERS. 

I desire to call especial attention to the im])ortanee of an enact- 
ment, making provision for taking the votes of the volunteers of 
the State in actual service. The fact that a man is fighting to sus- 
tain his country's flag should not deprive him of the highest priv- 
ilege of citizenship, viz : the right to take a part in the selection of 
his rulers. The soldier should be allowed a voice in the nation for 
the existence of Avhicli he is placing his life in peril. The reason 
which has excluded the soldier in the regular army does ]iot apply 
to the soldier in the volunteer service. The regular loses his state 
identity and, to a certain extent, local citizenship. The volunteer, 
on the other hand, does not. He still continues to be a son of Illi 
nois, fighting under his state flag as well as the stars and stripes. 
A force of one hundred and thirty-five thousand volunteered to 
the field from our State. Of this number it is safe to say one hun- 
dred thousand are voters. And if they were not legally voters 
previously to enlistment, that act ought certainly to make them so. 
JSTo man more justly owns the rights of citizenship than he who 
voluntarily takes up arms in defense of his country and its dearest 
rights. These men have as deep an interest in the selection of the 
representatives who are to a great extent to control and dii-ect the 
destinies of the country, as any other class of persons. The Sec- 
retary of War most justly decided that he who votes must bear 
arms. Shall not the Legislatures of the different states respond 
by saying : " And who bears arms must vote ?" I see nothing in 
our constitution which prohibits the enactment of such a law. On 
the contrary, section 5, of article III, of that instrument, provides 
that "ISTo elector shall be deemed to have lost his residence in this 
State by reason of his absence on business of the United States or 
of this State." Justice demands that this provision should be car- 
ried out in its letter and spirit. Past legislatures, not anticipating 
the present anomalous condition of national affairs passed no enact- 
ment by which it can be legally carried into effect. A law can be 
framed without difficulty, providing for taking the votes of the 
soldiers in active service, at least for the most important oflices, viz : 
State officers, representatives in Congress, and members of the 
Legislature. In the election of these officers, the soldier, although 



37 

away from home, takes as much, if not more, interest than the 
' itizen actually on the spot.- He reads the newspapers, receives 
letters from his friends, and in fact understands the issues of the 
day as well as, if not better than, the man for the defense of wliose 
home be has taken up arms. 

It may be objected, that great difficulty and expense would 
necessarily be created in taking the vote of the army in the field. 
But I submit that nearly all the difficulty and expense would be 
obviated by the following simple and effective plan : The three 
field ofiicers, or in their absence, the three ranking officers of each 
regiment of infantry or cavalry, and three highest commissioned 
officers, or those acting in their places, of each battery of artillery, 
or each company or squadron of infantry or cavalry on detached 
service, might be made the inspectors of the election, with power 
to appoint the proper person clerk of the election, so that the vote 
may be taken on the day fixed by the constitution. 

AKEESTS. 

As early as September 10, 1862, a letter of mine was published 
in answer to one inquiring the cause of a certain arrest, in which 
I stated that I had not advised t/uit, or any other aiTCsts, or been 
consulted as to the propriety of their being made ; and also, stat- 
ing that the power ought to be exercised only in extreme cases. 
The subject is one full of difficulty. On the one hand it is plain 
to be seen, that in time of war, the power to arrest summari- 
ly is often absolutely necessary and justifiable, if upon no other, 
upon the paramount and all-controlling plea of national self-pre- 
Forvation. The utterance of treasonable words, the discourage- 
j.'ient of enlistments, or giving aid and comfort to the. enemy in 
: ny way, are undeniably sufficient grounds for arrest. A traitor 
or spy in a loyal state, in time of war, as justly deserves to bo 
arrested and hung, or shot, as the same class of persons in disloyal 
(States. The assault upon the life of tlie state is the highest crime 
known to the law, and should, especially in times like the present, 
be most rigorously and summarily dealt with. 

On the other hand, my democracy is such as to teach me to 
entertain the highest regard for the rights of the individual, 
believing that every man, whether he be white, yellow, red, 
or black, is entitled to liberty, and should be sacredly protect- 



as 



otl in Iho (.MijovnuMit o{' liis ]hm'siiii miuI ]U'()|)im'I_v, :iiul in llu> 
utmost liborty ol' sju^och niul !U'ti(>n, consistent with U)}'altv to 
tho (^ovornniont, 'i'licso arc llu' rock-roiimUHl principles of onr 
(xovornnvent, to ho sjutihIIy gniMrvKnl niul ]^rosorvoil. It is indood 
CJIVIS6 of ^'ratulntion, that the people are disposed to scan closely 
every infrai'lion of ])ersonal liberty. We slu>uld ouard jealously, 
as the ap}>le of our eye, that ]M-otection to persor.al riii'hts avIucIi has 
been a shininj.v charut'teristic oi' the .An^-Io-saxon race, from tho 
poriiul at which it einer^vd Iroui heathenish barbarism, down, 
through all tho stages of })rogress, till, umler our form of govorn- 
inent, it; culminated in the iull light of civil and religious liberty. 

llenco, 1 think that arrests shouUl bo uuide only in extreme 
caJSOvS, in which there can be no doubt as to the propriety and ne- 
cessity therefor ; that tlie reasons should bo given to the prisoner 
and the pid>lic, indess plainly to the injury of the public service; 
and in all cases it should appear that individual malice or paj'ty 
reasons had not prompted thereto. While I have not examined 
the question, in order to tlecide how far th.e President may go in 
making arrests in a state ^not declared to be under nuu'tial law, 
yet it would seem, that as the cU^lay for })roclain\ing martial law 
ci>uld not in any case be great, it ought to }>recede the exercise of 
this power o{ arrest. This AvouUl seem necessary, tVom the tact 
that military jtower begins Avliere the civil law tails to afibivi re- 
dress, and tlie tlistincrion where the one ceases and the otner be- 
gins should be clearly deiined. ludeevl, it wmdd seem that, in ji 
time of war, nuirtial law might be properly ])roclaimed in every 
state where there was evidence that traitors and s})ies would openly 
t.>r secretly give aid to the enemy, relying upon the cliances of 
delay and appliances of ingenious counsel for escape under civil 
process. Surely there should be in every loyid state a determina- 
tion, that no traitor shall outrage the sentiment oi' the coun- 
try, and set at detiance the constitution and laws of so good a 
government as (un-s, bV giving aid, either in won! t>r deed, to the | 
rebels who would overthrow it. Most certainly wiudd an aduunis- 
tration entitle itself to the condemntition of the country, ami to the 
infamy of history, which suffered treason to stalk defiantly in our 
midst, without rebuke and summary punishment. 



'/M 



lUAHOia ANJJ THE WAU. 



i''or detailH in tiio raisiTi^, e.'juipmerit, arming*, supplying, and 
sending troopB into the field, X rofor you to the report of the Adju- 
tant General, to whose nntiring laborfi, and able and faithful co- 
of;eration, J acknowled^^e myseif deeply iudobted, in the zv.atia^/i- 
rnent of the military affairs of the State, ilis report also includes 
tljo reports of the QuarfcermaMter (general and Commissary Gene- 
ral, who have been most untiring and efficient in the management 
of their several departments. 

The tV^llowing summary will convey an idea of the important 
part which the State of Illinois and her troops have performed in 
the war: 

On the 15th of April, 1861, the State was called on for six regi- 
ments of infantry. "^I'he same day proclamation was made, and on 
April 10th, General Order iS'o. 1, Adjutant General's office, was 
issued, calling for these regiments, Springfield beirig designated 
as the plaf;e of general rendezvous. 

Under this call the 7th, 8th, inh, lOtix, iJtn, ann Jziii logjments 
were organized, and mustered into the Unite^J States feervice, on 
the 25th, 2Gth, 29th, and 20th days of April. These troops were 
subsequently organized into a brigade, and, under the orders of the 
Secretary of War, ordered to Cairo during the same month. 

Jiefore the completion of the organization of these regiments, 

and on the 10th of April, J3rig. Gen. li. K. Swift, 0th division of 

the State militia, was ordered to proceed to CAiro and hold that 

point. Six companies of infantry, and four batteries of artillery 

-mptly responded, and on the 22d, Gen. Swift, with a force of 

«wOut one thousand men,- arrived at Cairo. This fact is to be 

mentioned as highly creditable to the patriotism and promptness 

the citizens of Chicago; for, in the space of two days after the 

'■'ffrsLin from "Washington, ordering our troops to occupy Cairo, 

icago was sending off trains bearing her citizen soldiery, armed, 

lipped and supplied with all necessary 6ubs>i«tence, thus prevent- 

J , as I truftt we ever shall prevent, the tramp of traitor feet upon 

': eacred sod of Illinois. 

These forces served a faw days, until relieved by the six regi- 
' nts, when those of them which did not enter the three months 
vice, were discharged. The service rendered to the State by 
'■■' force was of the utmost importance. 



k 



40 



At I ho Hi)Ouiiil soBsion ui' Ajn-il, iSOl, ton rcivimonts of infantry 
woro jiuthori/AHl. (Soo Liuvs). Thoy wero inmuHliatoly niised, 
cc.nsistin- of tlio lilth, l-.llli, ir.th, KUh, 17lli, IStli, IDtli, 20th 2l8t, 
luul 22a, uiul tcMHlorotl to Iho (lovornniont. Tho AVar Depart- 
inont (looliuod at lin^t to nccopt nioro than alx .of thoni, bnt Bub- 
BCiinontly, aftor Btrons;- solicltalion, accoptiHi tho lotnaining four. 

In Juno tho War Dopartnioiit anthori/.ed tho accoptanco of one 
battalii»ii of li};-ht artiHory, and oiio roiviniont ot cavalry. And, in 
duly it aulhori/Aul tho accoptanco of thirteen roi;iinents of infantry, 
ono additional battalion of artillery, and three additional reo-iuionts 
of cavalry. Under these orders, tho 2('>tli, 2rth, 28th, 20th, aOth, 
;Ust, a2d", -lad, 4t;th, -ISth, fOth, and 50tli regiments of infantry,^ 
tho Isl, 2d and oil regiments of cavalry, and eight companies of 
artillery, were raised. 

juaddititnt to this, sov oral regiments, called independent regi- 
ments, were authorized by the War Department, and in August 
full autlnu-ity was given ro accept all who wen^ willing to enlist. 

lender these \arious orders, tho recruiting Avas so rajud, that 
during the year IStU, {\n addition to thousands, who in IMay and 
Juno wore refused acceptance, and left the State \o enter tho 
service,) tifty regiments of infantry, ten reginu^nts of cavalry, and 
ono reo'ime'nt oi' artillery, were organi/.ed and mustered into 



service 



t)n tholnl of December, IStU, tho Secretary of War, by aeueral 
Ovdov No. 105, directed that no nun-o regiments, batteries, or in- 
de]>endent companies shoidd bo raised by the governors of tho 
states, oxcei^t upon special requisition of tlio War Department, but 
that thi.se fori\nng would be completed, or tho men assigned to 
reoMnuMits then ii/ the held; and the entire recruiting service for 
veo-iments in the held was taken from tho governors o\' the states, 
mul transferred to superintendents appointed by the War De]iart- 
nuMit. At that time the State liad sent to the held about forty thou 
sand num, and had in the can^ps of instruction seventeen thousand. 
During the nuu\th of DocendKM-, these troops in camps were or- 
ganixAHl, and afterwards sent to the hold, as fast as they could be 
arnuHl and clothed; and included infantry to No. 65, thirteen cav- 
alrv, and two regiments of artillery. 

On the ITth of INlay, the State was called on for another re; ' 
ment of infantry ; and on the 25th of tho same mouth, tho Seciv 
tarv of War called the entire militia force of the State to thee- 



41 

fVmcG of tho National Capital. Two days after wards tlio call was 
revoked. 

Five rcfi^iraentft of three montliB voIiinteerH were immediately 
or^ranized, to wit : 07th, 68th, 69th, YOth, and 71 Ht. The 67th, 69th, 
and 70th, were uHHi^ned to duty in ^iiardin<^ rebel priwonerH in thi« 
State; the 68th waH Bent to WaBhin^ton, and the 7lBt toCJoiumhuH. 

On the 7th of July, 9 more regimentfl of infantry were called 
for, and on the 4th of Au^unt our quota of /iOO,000 militia wa« 
called out. Jt waB provided also that unlcBB our quota Hhould be 
raised by tho 15th of the same month a draft would be ordered. 
On application to the War Department we were informed that our 
quota of 300,000 was 26,148, but that as wo had furnished 16,978, 
in excess of our proportions on previous calls, our quota on first 
call of 300,000 would be 9,170, to which adding 26,148, would make 
our total quotas under lK)th calls 35,318. In a few days afterwards, 
however, it was <lecl(l<;d that although we had raised this 9,170 
surplus on previous calls, yet we were not to Ijc credited with it on 
last calls. To raise, therefore, 52,296, was the work of a few <iays. 
One-half of these forces were to be volunteers for three years, and 
the other militia for nine months. The former would bo entitled 
to bounty and premium, and the latter would not. 

Application was made to fill both rpiotas for three years, and 
allowed by the War Department. No extension was asked by 
this State, although the time was extended until the 22d of August, 
hut before that time arrived our quota under both calls was lljled 
with our five thousand surplus. 

Since the filling of these calls, several regiments of cavalry and 
batteries of artilh;ry have been authorized. 

The State has furnished as follov/s: 

First the infantry regiments under call of Api-il, 1861, 6 

Three montlis regiments under call of May, 1862, 6 

Three years regiments, 118 

130 

Cavalry, 14 

Artillery, 2 

146 
Beside these regiments, two regiments of cavalry are organizing, 
four aflditional batteries have been sent to the field and three more 
are organizing, making a grand total of 135,000 men. 
--6 



4? 

Ill addition to all these calls made upon the State, on the 14th 
of August the Secretary of War telegraphed that 84,179 men \rere 
recpiired to till up our old regiments. In anticipation that our 
quotas would not be made by vohmtary enlistments, the Secretary 
of War had, on the 9th of that month, ordered an enrollment of 
the entire militia to be made, and regulations for drafting were 
adopted. It was also ordered by the War Department on said 
14th of August, "that if the old regiments should not be filled up 
by volunteers before the first day of September, a special draft 
will (would) be ordered for the deficiency." 

On the 23d of August, general militia order, ]S"o. 1, M-as issued 
from the Adjutant General's oftice, directing the enrollment of the 
militia force of the State to be made. In accordance thercAvith, 
enrolling officers, commissioners and surgeons, as directed by the 
War Department, were appointed. The expenses of enrollment 
are to be paid by the General Government. The enrollment has 
been nearly completed, but in view of the probabilities that no 
draft will be made at present, the draft commissioners and sur- 
geons were in September directed to proceed no further in the 
discharge of their duties, until further ordered. 

It will be seen from the above summary, that the loyal people 
of Illinois have promptly responded to every call of the govern- 
ment. Even when the last call for 600,000 was made, and when 
the government, having no expectation of raising the number by 
volunteering, provided for supplying the deficiencj^ by draft, Illi- 
nois came proudly forward and was almost the only State which 
promptly furnished her whole quota of volunteers. She thus 
escaped the necessity and mortification of a draft. 

But not alone in prompt response to the government, but also in 
glorious achievements in the field, have the Illinois troops vindicated 
the loyalty, upheld the honor and reflected glory on the State. Every 
flash of telegraphic fire has blazed with the luster of grand achieve- 
ments and heralded tidings of noble deeds and high daring. 
The Slate has furnished a large part of the t3fiective fighting force 
of our western army, as well as several splendid regiments and 
gallant soldiers to the army of the Potomac. In not only one, or 
a few, but in every engagement the Illinois troops have come out 
of battle with bright wreaths of glory around their brows. They 
have never hesitated in the hour of conflict or quailed in the tace 
of danger. If in one or tAvo instances, they have been compelled 



43 

to surrender with other troops, in every case they have escaped 
the blame attached thereto, displayed the loftiest courage, and been 
the lust to yield their weapons to the foe. 

The list of promotions ot the commanders of Illinois regiments 
to generals and major generals for gallant conduct, is a long one. 
But not only commissioned officers, but non-commissioned and 
privates of the various regiments have established a well earned 
reputation for effective and dauntless courage. So that it may be 
truthfully said that Illinois leads the column of loyal states. The 
name of our State is synonomous with lofty courage and great 
achievement. In no instance has it been said that our brave 
troops are inferior to any in the service. Patient, obedient, vigi- 
lant, brave, they are ever ready for any service however difficult 
or perilous, whether in the camp, on the march, or in the field. 
Many, alas, too many, gallant spirits have sealed their devotion to 
their country, with their lives. Wallace, Hogg, Applington, Davis, 
Thomas II. Smith, Irwin, Kilpatrick, Raith, Tupper, White, Roes, 
Thrush, and McCullougli, and others of the noble dead, are 
names long to be remembered. They are of the flower of the 
State; her chosen sons who fell with their faces to the foe. "Leav- 
ing in battle no blot upon their names," their heroic deeds look 
calmly and proudly forth from their " death beds of fame." And 
many a rude hillock on the banks of the Cumberland, the Tennes- 
see, the Potomac, the Yazoo, and the great Father of rivers, 
marks the spot where the humbler, but no less brave, patriotic 
and noble-hearted soldier of Illinois mingles his late manly form 
with its mother earth. Not less religiously are their memories 
kept green in the hearts of the narrower circles of relatives and 
friends, who knew them well in life and sincerely mourn them in 
their premature, yet glorious deaths. 

KECOJRD OF ILLINOIS SOLDIERS. 

In this connection, I recommend to the Legislature that a work 
be prepared and published, containing a record of every regiment, 
the prominent battles and skirmishes it has participated in, the name 
of every soldier, the fact of his having been wounded or killed in 
battle, as the case may be, etc. Such a record would be of priceless 
value to our State, and for all time would remain the most glorious 
history of the p,art she has taken in the war for the defense of the 
Union, that could possibly be written. It would be a household 
work. 



u 



SANITARY COMMISSIONS. 



It would be improper, in a communication like this, not to refer 
to the immense benefits which have been conferred upon the army 
by the contributions and efforts of individuals in supplying it 
with stores necessary to the health and comfort of the sol- 
diers. Indeed, could the people be fully informed how vast have 
been these efforts and contributions, they would feel a degree of 
pride for their State which no other subject could excite, unless it 
be the prowess and manly endurance of the sick and wounded for 
whom they have been made. Almost every village and neigh- 
borhood have been the theaters of these efforts. Large-hearted 
men have paid liberally in money and stores of various kinds, 
while noble-souled women have plied their busy fingers in pre- 
paring garments and such articles of food as were deemed indispen- 
sable. Soldiers' aid societies have been formed in every part of 
the State, and their agents have ever been on hand covering battle- 
fields with ambulances, and supplying the hospitals with beds, 
bandages, and all needed appliances for sick and wounded sol- 
diers. Among these humane agencies, it will not be considered 
a disparagement of any other, to name, with profound respect, the 
Sanitary Commission of Chicago, under the direction of its able, 
faithful, and most efficient President. The operations of this com- 
mission have been upon a scale of the largest usefulness, drawing 
its supplies not alone from the citizens of Chicago, whose contri- 
butions have been on a scale of munificence unexcelled by any 
city in the Union, but also from every portion of the State. 

I deem it my duty to refer more particularly to this subject, 
because, notM-ithstanding so much had been done and was doing 
in this great work, yet so large was our army, so large was the 
number of our wounded in our numerous bloody battles, so exten- 
sive were the ravages of disease and death consequent upon ex- 
posure, new modes of living, unhealthy localities, etc., and so 
utterly unable was the United States Government to supply so 
many at the right time, that constant appeals for relief from the 
army, and from the agents already in the field, came to me con- 
stantly. The appeals were made to me as Governor of the State, and 
I deemed it my duty to lend the aid of the State, so far as it was 
in my power, by sending succor and comfort to the brave men 
who had gone forth from their kindred and homes, and periled 
health, property, life, and all, for their country. 



45 

Ou the 20th of August, 1862, I established an agency, in th^ 
nature of a State Sanitary Bureau, and directed the State Com- 
missary General to take charge of this department, to whom 
all communications and packages should be addressed. I also des- 
patched an agent to Cairo, to receive, and forward from there, all 
packages sent to his care. I then addressed a circular to the 
people of the State of Illinois, soliciting them to forward their con- 
tributions. As proof of the liberal response of the people, both in 
money and needed stores, I refer you to the very interesting report 
of the Commissary General. 

In connection with the foregoing, I desire to call your attention 
to the important consideration, that while the war lasts, the neces- 
sity of these benevolent efforts will not cease to exist. I have no 
hesitation in saying that this great sanitary enterprise should re- 
ceive the strong encouragement of the General Assembly, and be 
made, to some extent, the subject of legislative action. 

SAJ^ITAHY BUREAU. 

Should this General Assembly continue the Bureau now estab- 
lished, v/ith proper safeguards and checks, it would be the means 
of immense relief to our sick and wounded, and would, in some 
small way, pay the debt we owe them for their great sacrifices. 
It would at least be a well merited token of regard from the people 
of a great state to their brave sons. It would add but compara- 
tively little to their burthens. An agent could be most usefully 
employed in accompanying every regiment, for the purpose of 
taking care of the sick, burying the dead, marking the spot of 
burial, and corresponding with friends and the government at 
home, as to the sanitary wants of the troops ; and I call your atten- 
tion to a copy of a resolution, herewith submitted, of the Board 
of Supervisors of Yermilion county, requesting the appoint- 
ment of a sanitary agent, to transmit stores to the various 
armies and hospitals where soldiers from that county may be 
located. It has been suggested that each county should have an 
agent appointed by the state to report periodically to the head of 
a State Bureau. I have addressed a letter to the various chap- 
lains, urging the importance of these matters. They and the other 
officers and the soldiers, in many instances, no doubt, give such 
attention as their various duties will allow ; but it is evident that 



I 



46 

very much in addition could be done by a person charged with the 
special responsibilities of these duties. It would perhaps be 
dithcult in any law to provide for the innumerable modes in which 
relief can be and ought to be afforded ; and, it is, therefore, that I 
make the recommendation, as above, and that a sufficient sum be 
placed under the control of the head of that bureau, for the pur- 
pose of carrying out these sacred objects. 

In connection with this subject, I must also refer to the very 
interesting reports of state sanitary agents, who have been visiting 
various hospitals, and other places where large numbers of our 
sick and wounded are confined. These suggestions are of the 
deepest interest to all concerned in the welfare of the soldiers. 
The greatest benefit has ensued from their labors in visiting the 
hospitals, cheering the soldiers, writing letters for them, supplying 
them with comforts of apparel and food, and pointing out any 
abuses which, in most cases, were promptly remedied. 

StJKGEON GENERAL. 

Many of the States have created the office of Surgeon General, 
giving such an officer supervision of the medical corps of the 
State and superintendence of the supplies of proper medicines, for 
the government hospitals, etc. Such an officer might act in con- 
junction with the sanitary bureau, and be authorized to employ 
such aid as may be necessary in taking care of the sick and wound- 
ed, providing for transportation of supplies of the sanitary depart- 
ment, procuring discharges, passes and transportation of sick, fur- 
loughs for wounded and other needed assistance. 

soldiers' home. 

After most carefel reflection I am led to recommend to the Gen- 
eral Assembly the erection of a hospital or soldiers' home. In such 
an institution, our sick and wounded could be within the reach of 
their friends at home, whose anxiety and vigilance would secure 
for them from the United States officers in charge, comfortable 
lodging, food, clothing and proper medical attendance. 

In my visits to the sick and wounded, I have found an overpow- 
ering desire among them to be taken to their own State, where 
they would be within reach of their friends. I found the dying 
also breathing out the vain wish that they might be allowed to draw 



47 

their last breath upon the soil of the State, which had the first claim 
upon their affections, and for which the j were then laying down 
their lives. 

I therefore recommend that the State of Illinois make provision 
for a soldiers' home in the State, to be sustained, if practicable, 
by the General Government. But, in any event, I recommend 
the establishment of such an institution at some accessible point in 
our State. Kothing could more inspire the gratitude or stimulate 
the patriotism of our gallant countrymen in the field, or prove a 
nobler monument of the States' paternal regard for herloyalsons 
than such an institution as this. 

BOUNTIES. 

I feel it my duty also to call the attention of the Gereral Assem- 
bly to the subject of bounties. I believe the State of Illinois 
should be behind no other in the liberal remuneration of its troops. 

They have surely deserved as much in this regard as those of 
any other State. Yery many of them are poor, and have large 
and helpless families. Those in more prosperous circumstances 
have sacrificed much in happiness and loss of business and prop- 
erty, in going to the war. In the event that the General Assem- 
bly shall provide for such bounty, it would, it seems to me, be em- 
inently proper to adopt some measure for refunding to the counties 
the bounties which they so generously paid to their soldiers, or in 
some equitable mode to relieve them, jpro tanto, of the amount re- 
quired to be raised towards this object. Perhaps the best mode of 
providing the means for this bounty, would be to provide for the 
issue of twenty year bonds, which would only devolve the necessi. 
ty of a tax to meet the interest. 

I am aware that in making these various recommendations, the 
debt of the State will be considerably increased. Still, while I 
am disposed to counsel the utmost economy in all other objects of 
expenditures, I feel it a matter of sacred duty, a question of State 
pride, to evince at least reasonable liberality to the men who have 
so nobly served the State, and shed upon it, by their heroic prow- 
ess, a name and glory which are to be the priceless heritage of 
our children for all time to come. As I have said, the debt of the 
State is small, compared with our immense resources. We have, 
also, the sure prospect of being, twenty years hence, when the 
principal of the bonds would mature, almost the first State in 



48 

the Union, in tlie amount of its taxable property, and in wealth 
and power. 

The proceedings of the late Constitutional Convention, may be 
held up, not only as a justification of expenses already incurred, 
but as an example to be followed upon this subject by this General 
Assembly. That convention, by resolution, authorized the expen- 
diture of $500,000 for the relief of our soldiers in the field. It is 
true, that having no legislative power, the act was a nullity, and 
bonds issued under such authority would have been worthless in 
the market. Yet the passage of the resolution may be taken as 
the animus of that body, and as evidence of what they would have 
done had the power existed. The question of power does not arise 
in your case. I leave the whole subject in your hands, not doubt- 
ing that you will give to it the grave consideration which its high 
importance demands at your hands ; not doubting that when all 
that we hold dear of life, liberty, property and happiness is seri- 
ously imperiled, our hearts will fully and gratefully go out to those 
who have risked all to leave them to us and those who come after 
us. 

INCREASE or PAY TO PRIVATE SOLDIERS. 

I hope this General Assembly will send its potent voice to Con- 
gress, demanding an increase of pay to the private soldier. His 
present pay is only $13 per month, or $156 per year, a sum totally 
insufiicient to support him and his family at the present high rate 
of every article of family consumption, atleast fifty per cent, higher 
now than when the war commenced. Thirteen dollars per month 
is no better pay now than seven dollars would have been two years 
since. It will be economy in the Government to increase the pay, 
or desertions, already numerous, will become still more so. No 
soldier can bear the thought that his wife and children is in des- 
titution and sutfering. I recommend a strong appeal by this Gen- 
eral Assembly to Congress, for this most important »nd humane ob- 
ject. 

APPROPRIATIONS. 

The several appropriations of the last session were disbursed, as 
will appear from the reports of the officers having charge thereof 
Other appropriations will be required to cany on the State gov- 
ernment for the ensuing biennial term. In ordinary times, the 



49 

amount set aside for the Executive department, would have been 
ample, but in the extraordinary demands of business, and the great 
increase of official duties, it has not been sufficient. I have fre- 
quently been compelled to dispense with necessary and important 
services for the want of means. The want of the requisite assist- 
ance in the departments immediately connected with the executive 
has necessitated unusual and burdensome labors upon all those 
employed therein. All that is required, however, is an appropria- 
tion which will be sufficient for the purpose, having in view the 
extraordinary demands continually to arise during the pendency 
of the war. 

CUE COUNTEY. 

The recent partial reverse of our arms at Fredericksburg has 
caused some to look with despondency upon the prospect of the 
suppression of the rebellion. Such should not be the case. The 
most successful armies in the world have met with reverses. The 
battle at Fredericksburg seemed to be almost a necessity. The 
public sentiment would no longer brook delay. The demoraliza- 
tion of the army, and the exhausted patience of the country, 
demanded a forward movement at all hazards. The battle at 
Fredericksburg has established the important fact that the Grand 
Army of the Potomac is not wanting in will or courage, and that 
upon an equal held our triumph would be sure and glorious. It 
can certainly be no cause of exultation to the enemy that he has 
maintained his ground when fi. ghting against direct assault from 
behind impregnable fortifications. That a way will be found to 
dislodge him, I have no fears. 

My faith in ultimate triumph is stronger now than ever, because 
I believe that the administration has settled upon the true, the 
only policy under which it is possible to achieve success. That 
policy consists, first, in a more vigorous prosecution of the war — 
second, in the Proclamation of Emancipation. A sickening desj^on- 
dency occasioned by painful delays has been preying fearfully upon 
the heart of the nation. But true, loyal hearts beat with quicker 
pulsations when the Administration, freeing itself from the incubus 
which seemed to weigh it down, resolved upon the policy hence- 
forward to "move upon the enemy's works." 

To the timid, conservative mind the inauguration of the policy 

of Emancipation may have seemed rash, and the clamors raised 

against it may have had their effect in recent elections; but this 

effect was temporary. Time will abundantly prove that this policy 

—7 



50 

was dictated by a just and wise statesmanship, and that it will be 
followed by a successful tennination of our troubles. 

There are but few, even amonoj the politicians, who openly avow 
that they are opposed to Emancijiation in the abstract. The pre- 
tense is, that it is unconstitutional.. I freely confess that in peace 
times there existed no power to issue a Proclamation to free the 
slaves. In peace, when all the people obey the constitution and 
laws, neither Congress nor the President could interfere with 
slavery. Any attempt to do so would be an unauthorized and 
flagrant usurpation of power. In such case the jurisdiction of 
eacii State over all its domestic institutions would be ample and 
complete. The right of intervention was never claimed in such a 
case. On the contrary it was persistently denied by the President 
and the party which elevated him to the Presidency. 

I am for the Constitution of my country, and desire to see it sus- 
tained in its true spirit and according to its honest and fair inter, 
pretation. I may not be able to appreciate highly the wisdom of the 
provision for the"^return of a fugitive slave to a bondage from which 
he is escaping, as an independent proposition ; yet because it is in the 
constitution and was one of its compromises, in consideration of 
which the free states got the Jeffersonian Ordinance of 17S7, 
because it is in the constitution, and because the constitution was 
in every other respect so perfect, because it is the work of our 
fathers,''and the organic law of the nation, I have been and still 
am willing to see its every provision enforced and maintained, in 
the protection of every right claimed by those who submit to its 
authority. I have always stood ready with my vote, my voice, 
and, if need be, my life, to protect every section in the enjoyment 
of all its rights. If the seceding states had remained quiet, and 
not assailed the government, not trampled in the dust the very 
constitution whici secured them the uninterrupted enjoyment of 
their cherished institution, there would have been not only no right, 
but no disposition, to have proclaimed emancipation. But they 
have overthrown this constitution and established for themselves a 
new one, therefore they can claim no rights under the old. After 
years of deliberate premeditation, and secret preparation, they 
perpetrated the act of secession, they denied their allegiance to the 
constitution, set up an independent government, despoiled the 
nation of its money, its arms and munitions of war, seized upon 
our forts, insulted our flag, tired upon our soldiers at Fort Sumpter, 
plunged 'om* hitherto pe^iceful people into sanguinary frati-icidal 



u 



51 

war, filled every homestead with grief, and covered the land with 
two hundred thousand fresh made graves. From the outset until 
now thev have been invoking the aid of foreign bayonets to butcher 
our citizens, and to carry out their wicked purpose to overthrow 
the constitution; thsy have throughout conducted the war upon 
principles of barbarity disgraceful to the blackest annals of savage 
warfare. 

The seceding states have forfeited all right to the protection 
of their slaves, or even their own lives, under the constitution, 
and the people of the loyal states are released from any constitu- 
tional obligation to protect them in any right whatever. A 
ferocious and bloody internecine war, brought on by the wicked 
and infernal machinations of the rebels themselves, has changed 
all the relations of the government and all the obligations of the 
constitution to them. 

The propriety of the proclamation is still further vindicated 
upon the higher ground of national self-preservation. Though 
slavery was entirely beyond the reach of the government in time 
of peace, yet the government in the exercise of its belligerent 
rights has not only the power, but it is its bounden duty to pre- 
serve unmutilated its territory, and to weaken, cripple and crush 
out, by all available means, a rebellion aiming to undermine its 
national existence. 

That the President has forebone long, before taking this final step, 
was to have been expected of one who had so often denied the 
right of intervention in the domestic institutions of the states; but 
when the seceding states themselves made the issue — slavery 
against the government — resorted to arms to overthrow the consti- 
tution, and to carve out of our dismembered territory an oligar- 
chy, the chief corner stone of which was to be slavery as a 
perpetual institution ; and when also it cannot be denied that 
slavery is the principal element in support of the rebellion ; I 
maintain, under all the circumstances, the proclamation was 
not only justifiable but inevitable. And if in time of war the 
government can take the life of the enemy without the ordi- 
nary process of law provided for by the constitution, a fortiori, 
can it not deprive the enemy of his property and emancipate his 
slaves ? 

Indeed, it seems that Providence had protracted this war and 
subjected our people to frequent humiliations and reverses, for the 
purpose of making the destruction of slavery inevitable. If the 



53 

first impreesious entertained by the President and the nation — that 
the levy of seventy-tive thonsand men ^Yas sntVicient to inthu'uhito 
the rebels into submission; if our arms in the lirst instance had 
been everywhere triumpluant ; if the Grand Army of the rotomac 
had driven back the rebels at Manassas, had taken Eiohmoud, and 
planted the tiag- upon the eapitol of every state, and we had e\ery- 
whore been victorious by land and by sea, crushing the enemy as 
it were wdthin the contractini:^ folds of a fearful Anaconda, and the 
enemy had returned to the rightful authority of the government ; 
then uiuloid)tedly the Union would have been restored with the 
same blistering curse ol slavery to rest upon ns forever in the 
future, as it had been in the past, a perpetual element of strife and 
heart-burning. Under such a state of things the necessity would 
not have arisen under which slavery could have been constitution- 
ally abolished. But now the necessity of emancipation is forced 
upon us by the inevitable events of the war, and is made constitu- 
tional by the act of the rebels themselves ; and the only road out 
of this war is by blows aimed at the heart of the rebellion, in the 
entire demolition of the evil which is the cause of all our present 
fearful complications. It is now made palpably striking, that it 
slavery should be left undisturbed, the war would be protracted 
untU the loss of life and national bankruptcy would make peace 
desirable \ipon any terms. Hence slavery nmst be removed. Thus 
the rebellion which was designed to perpetuate slavery and plant 
it upon an enduring basis, is now, under a righteous Providence, 
being made the instrument to destroy it, and to consuTumate peace 
upon the solid and enduring basis of universal liberty. 

It is now but too plainly the policy of our government to strike a 
fatal blow at what we know and what the confederates themselves 
claim to be the chief element of their strength. 

George W. Johnson, the secession, provisional governor of Ken- 
tucky, in his messag-e of IS ovember 2C), ISCl, says : 

"The presence of the negro race adds greatly to the military 
spirit and strength of the Confederate States. They till our grounds, 
while our sons tight our battles ; and our ordinary pursuits are 
scarcely interrupted by the war." 

That he is right in Ins view, I ask you to look at the fact that 
the south has a population of about live and a half millions of 
whites, who are devoting all their energies to the prosecution of 
the rebellion, and about three and a half millions of blacks, who 
are at work upon their farms and in their shops, supplying the 



white population witli everytliing required to Bubnigt the rebels 
in the arrny and their fitmiUee at home. If we emancipate tbo 
Bl^ve, call him off from raising BuppIicH on the farm and in the 
Hhoj^, we would thuH <Ji'ive the rebel home U) support and protect 
his family, reduce largely his effective fighting force, very kooh 
bring Ixim t^^ terms of submission, and tlie war to a close; and the 
nation by the kind JVovidence of Almighty God would stand forth 
redeemed and disinthralled from the curse of slavery. 

The workings of the policy of emancipation to this end are 
alrea^ly visible. "Events" are significantly "casting their slmd- 
ows belPore." Each successive day of the rebellion only hastens 
this glorious consummation. Western Virginia is already another 
star upon our national banner. Missouri may alrea<ly be numbered 
as among the free states. In Kentucky and Tennessee the rebels 
are reaping the fruits of their rebellion in the hourly escape of 
their slaves. They are making terms with their slaves for their 
services after the first day of January upon the Ijasis of paid labor. 
And from all reports from those states the indications plainly are, 
that it will neitlier be to the interest nor the desire of their people 
longer to continue an institution from which they can reap only 
perpetual troubles. The same causes are strongly operating in 
Arkiinsas, Texas, Mississippi, Maryland, Louisiana; and indeed 
almost every slave state begins to see and feel that the tenure by 
which slave property is holden is a very loose and uncertain one. 
The administration justifiably holds out emancipation as a punish- 
ment i/j the rebels for their treason; and the slave Ib only too 
glad to seize upon the fixst opportunity to taste the sweets of 
freedom, and eagerly to lay hold of the hope held out to him of 
liberty for himself and his posterity forever. 

In auxilliary co-operation with this great movement upon the 
tide of events, it is wortliy of notice that the present administration 
has faithfully enforced the statutes against slave piracy, and prose- 
cuted to conviction and punishment dealers in the slave tragic. It 
has made a successful treaty with Great Britain for the suppression 
of the slave tra<le. It lias passed a homestead bill, insuring the 
settlement of the territories with a free population. It has written 
freedom on the face of our broad territorial domain, by prohibiting 
slavery forever therein. It has abolished slavery in the District of 
Columbia, so that no slave shall again clank the chain of human 
b<jndage in face of the Capitol. It has entered into diplomatic 
relations with llayti and Jviberia. It lias crowned the whole by 



54 

tlie Proclamation of Emancipation. Thus we have before ns the 
cheerful picture of a speedy termination of the war by the adop- 
tion of the right policy, by the removal of the cause of our sangui- 
nary strife, and a saving adjustment of our difficulties upon the 
permanent basis of a similarity of institutions, and it is to be hoped 
a speedy and mutual forgiveness of past wrongs and injuries. We 
are permitted to hope that amoung the results of this war the 
negro question, so long the pestilent source of clamorous contro- 
versy, will be banished forever from the arena of party politics, 
and that parties will hereafter be divided upon great material issues 
and interests, which in this nation are vast enough to challenge the 
genius and ambition of the loftiest statesmanship in their proper 
and well directed development, and which, if they do not so excite 
the passions of men, will altbrd a far more interesting and profit- 
able discussion to the people. And upon this happy consummation 
it cannot be doubted that the civilized world will hail our redemp- 
tion with joy; and that the country, relieved from the moral, social 
and material depression of slavery, under the life-giving and ener- 
gizing power of free labor, and free institutions, will march on- 
ward in the race of national progress to the highest pinnacle of 
power, prosperity and grandeur. 

I am not deterred, by the humbug clamor of the day, from 
saying that I subscribed to the much ridiculed proposition of the 
President — that there can be no hope for permanency and solid 
peace "with one half the country free and the other half slave" — 
til at two antagonistic forms of society cannot, among civilized 
men, co-exist and endure. The one must give way or cease to 
exist — the other become universal. But this antagonism once 
removed, and the people of all the states having the same institu- 
tions and the same system of labor, and brought together in busi- 
ness and social intercourse by the vastly increased means of in- 
ternational communication through railroads and telegraphs, as 
well as by rivers and roads, unity of the parts, however remote 
and locally diversified, will be produced, and lasting peace and 
prosperity secured. It has been proposed, even in the North, 
to secure this homogeneousness by the introduction of slavery into 
every state of the Union. This M^ould be a retrograde step. A far 
nobler and better policy, and altogether a more stable basis of pros- 
perity, and more congenial to the civilization of a Christian age, 
would be "to proclaim liberty throughout the land, and to all tlie 
inhabitants thereof." 

In the new policy of emancipation, thus inaugurated, I feel that 



65 

it is of the utmost importance to meet and silence the prejudice 
which, for partisan purposes, is attemjited to be excited against 
the alleged injurious efiects of emancipation. It is not to be over- 
looked that there exists a degree of prejudice in the rtinds of the 
■people, upon the subject of giving freedom to the slave, to which 
politicians appeal with fatal injury to the cause of that enlightened 
progress which has been so Providentially placed within the 
reach of the present generation. A grand opportunity is pre- 
sented to us by the logic of events. By a wise and Christian 
policy, we blot out a mighty wrong to one class of people now 
in bondage, and secure lasting peace and happiness to another. 

I am sure of two things : First — that when slavery is re- 
moved, this rebellion will die out, and not before. Second — I 
believe and predict, and commit the prediction in this State paper 
to meet the verdict of my successors in office and of posteritj', that 
the change brought about by the policy of emancipation will 
pass off in a way so quietly and so easii/ly, that the world will 
stand amazed that we should have entertained such fears of its 
evils. During the war, there will be necessarily some suffer- 
ing among so many slaves thrown out of employment, and many, 
perhaps large numbers of them, will seek a temporary refuge in 
the free states, and every man who has a human heart within him, 
will treat them kindly ; but with the return of peace, the demand 
for labor in the South will be greatly increased, and there will be 
an exodus not only of these fugitives, but of the free colored popu- 
lation to the South. The demand for labor in the South will be 
greatly increased by the subdivision of lai'ge farms into numerous 
small ones, in the hands of a much larger number of owners ; also 
by the reclamation of immense regions of fertile country in all our 
Southern states, waiting only the plastic touch of free labor, the set- 
tlement of which has been retarded by the existence of slavery, 
tending, as it always has, and necessarily always will, to discourage 
theimmigration of free white citizens. No reasonable fears of com- 
petition with the free labor of the ISTorthern states need be en- 
tertained, because the emancipated slave will have protection and 
employment upon the soil which he has heretofore ciiltivated in 
bondage. Emancipation does not increase the number of negroes 
by an additional one. There will not be a single acre of land less 
for cultivation, but a great deal more will probably be cultivated ; 
there will be the same and an increasing demand for the culture 
of cotton, tobacco, sugar, and rice, for which the negro is pecu- 



56 

liarly adapted ; tlie southern climate will remain, unchani^ed, con- 
genial to his constitution; and it is in the highest degree improb- 
able that the negro will leave the state of his nativity, where his 
labor is in*demand, where he understands, better than any one 
else the business to be done, and where the clinuito is adapted to 
him, to seek the cold climates of the North, to face the strong com- 
petition of northern, skilled free-labor, to encounter the prejudice 
against his color, and the pauperism and neglect which would meet 
him on every hand. 

As to the state of society South, it is difficult for me to see how 
a population, basking in the sunlight of freedom, and breathing its 
pure air, with all the opportunities for education opened to them, 
and all the incentives of freedom, and to a higher elevation, 
can be more dangerous than tlie same population in the 
worthlessness and degradation of hopeless bondage. At 
the same time, the eilect upon the poorer classes of the white 
population, and upon the slave states at large, would be immediate 
and marked, as is most plainly proved by the far greater pros- 
perity of the free over the slave states. "We have but to look at 
contiguous free and slave states, with similar soil and climate, and 
of equal capacities, separated only by a narrow river or mere im- 
aginary line, to find vigor, freshness, and prosperity, in the former, 
and stationary sluggishness or slow progress in the latter. 

But again, the prospects for colonization are brighter than ever 
before. Negotiations are now pending with states of Soiith 
America, not unlikely to l)e successful, and opening new and in- 
viting homes to the colored race. Colonization to Liberia may not, 
so far, have justified the country's anticipations ; yet it is not un- 
reasonable t'j suppose that under the new incentives of freedom, 
and conditions ameliorated by remunerated labor, the colored ])eo- 
ple will go in numbers largely increasing from year to year, till 
there will be a miglity exodus of the greater ])ortion o+' that pojjula- 
tion. When the Goveninieiit shall have opened commercial rela- 
tions, and a regular trade with Africa and regions nearer the 
tropics, there is no reason why the negro may not seek the land 
of his fathers, or some region further south, as certainly and readily 
as millions of foreigners from Britain and the continent now seek 
these United States. I know not the designs of Providence 
towards this people, but of this I feel sure, that no distant period 
will have elapsed, when not only the North, but the South, re- 
juvenated in every material and social interest, will rejoice in 



57 

emancipation, though now, to the latter it may seem an intolerable 
injury. 

For a vindication of the Government against any charge of 
unfairness to the seceding States, it is important, briefly, to 
consider a few historical facts. It is undoubtedly true that, 
from its institution down to the rebellion, there have been 
no acts of hostility by the Government towards the seceding 
States. On the contrary, the greater part of this time, the latter 
have had the ascendancy in our national councils, and been, 
in fact, the pets of the Government. They have had not only the 
largest share of the offices, but also shaped the policy of the 
Government. For them Texas was admitted into the Union, with 
its slavery ; for them the war was waged with Mexico. In 1850, 
California was denied admission into the Union, because another 
star of freedom would thereby be added to the constellation of 
states, and would secure additional free-state Senators and Kepre- 
sentatives ; for them the fugitive slave law was passed and en- 
forced; the Missouri Compromise, in 1820, was first passed to 
secure the admission of Missouri into the Union as a slave state, 
and afterwards, in 1854, it was repealed, because it inhibited the 
extension of slavery north of the parallel of 36 deg. 30 min., north 
latitude. Kansas was invaded and her citizens murdered, to secure 
the admission of another slave State. The Bred Scott decision, 
which overturned the precedents of every court in the civilized 
world, and proclaimed the abhorrent doctrine that slavery might 
lawfully go into any state or territory, was also made in the in- 
terest of the South. All freedom of utterance, for years past, 
was crushed out in the South by intolerant mob law. The 
same intolerance, bold and defiant, infected the capital in all its 
circles, social and political, crushing out even the utterances of 
the Senate chamber with the bludgeon and the bowie-knife. 
This spirit, growing more and more ofiensive and defiant, finally 
culminated in open rebellion, upon the pretext of the election of 
the present Chief Magistrate, by the vote of the people, fairly and 
constitutionally expressed. The rebel states then proceeded, against 
all warning and without cause, to lay their unhallowed hands upon 
our temple of liberty, to overthrow and destroy the constitution 
which so long nursed and protected them. Who, then, can dare 
to claim for them the protection of that constitution, or plead the 
inviolability of their state institutions under that constitution ? 
Shall we hesitate, in view of the great crime and wickedness of 
8— 



58 

this rebellion, to exterminate from the face of the earth the evil 
which is the cause of the wild storm of war, ruin, and desolation, 
which now confronts us on every hand. 

In view of all these facts, I demand the removal of slavery. In 
the name of my country, whose peace it has disturbed, and plunged 
into fearful civil war ; in the name of the heroes it has slain ; in. 
the name of justice, whose highest tribunals it has corrupted and 
prostituted to its basest ends and purposes ; in the name of Wash- 
ington and Jefferson, and all the old patriots who struggled round 
about the camps of liberty, and who looked forward to the early 
extinction of slavery ; in the name of progress, civilization, and 
liberty, and in the name of God himself, I demand the utter and 
entire demolition of this heaven-cursed wrong of human bondage — 
this sole cause of the treason, death, and misery, which fill the 
land. Fear not the consequences, for the Almighty will uphold 
the arms of the hosts whose banners are blazoned with the glori- 
ous war-cry of liberty. Fear not foreign intervention, for the civi- 
lized nations of the world will hail with delight the unfurled 
banner of universal emancipation. "We need not, it is true, expect 
sympathy from the privileged classes of Europe, because they 
seem to have an inveterate hatred against our liberal institutions. 
But the masses of Europe will sympathize with a nation which, 
for eighty-five years, has been the asylum for the down-trodden of 
every land, and which, is now oflering up the flower of its people 
to subdue a treasonable slave oligarchy. Let foreign nations 
stand advised that we have little dread of their intervention ; that, 
though in the travail of an exhausting war, we are better pre- 
pared to encounter it now than ever before; and that nothing could 
more firmly knit together all parties in the loyal States, and give 
'steadfastness to their purpose to be united and free, than the un- 
called-for intermeddling of any foreign power in our domestic 
troubles. In that event, instead of one million, three millions of 
armed men would rally to the standard, and overwhelm with speedy 
ruin all traitors at home, and all enemies from abroad. Then 
henceforth, in the management of this war, let our watchword be 
emancipation; emblazon it on every banner; shout it at the head 
of our charging columns and victorious legions; let it be "our 
pillar of cloud by day, and our pillar of fire by night;" then our 
arms shall be successful, and we shall solve the problem of the 
ages — that there is inherent energy enough in a goverrnxient of the 
people to vindicate itself and survive all the throes of political and 



59 

civil revolution. Slavery removed, and we shall have peace — 
solid and enduring peace — and our nation, entering upon a new 
career, will leap with a mighty bound to be the greatest and 
freest upon the face of the earth. 

I have hope for my country, because I think the right policy has 
been adopted. There remains but one other thing to make my 
assurance doubly sure ; and that is, I want to see no divisions 
among the friends of the Union in the loyal states. Could I know 
that the people of the free states were willing to ignore party, and 
resolved to act with one purpose and one will for the vigorous pro- 
secution of the war and the restoration of the Union, then I should 
have no doubt of a happy end to all our difficulties. 

The secessionists have hoped for success upon three grounds. 
First, upon our supposed inferior valor ; second, upon foreign aid ; 
and, third, upon a divided JSTorth. The two first have failed them. 
They now despair of any foreign intervention, and on many battle 
fields the cool, determined bravery of our IlTorthern troops has 
proved an over-match for the fiery, impetuous valor of the South. 
But can I truthfully say that their strongest hope and main reli- 
ance, a divided ISTorth, has failed them? 

To prove that this point is worthy of consideration, and that the 
fate of the Republic is connected with it, let me refer a little to 
history. 

At the Charleston Convention, in May, 1S60, the democratic 
party, which so long swayed the destinies of America, became 
divided upon the slavery question. The radical, pro-slavery seces- 
sion party adopted the views of Breckinridge ; while the friends 
of the Union, in that party, followed the lead of Douglas. It is 
now worthy of notice that the leaders of both these parties looked 
upon this question^of division among the people of the North as 
the decisive one. Mr. Breckinridge looked upon the probability 
of such a division as a bright omen for disunion ; and Mr. Douglas 
contemplated such division with fear and trembling for the Re- 
public. 

Mr .^ Breckinridge, in a speech in the U. SjSenate, on the first 
day of August, 1861, said: 

"Fight twelve months longer, and the already opening differ- 
ences between ISTew England and the ISTorth-west will develop 
themselves. You have two confederacies now. Fight twelve 
months, and you will have three ; twelve months longer, and you 
will have four." 



60 

On the first day of May, in the city of Chicago, Mr. Douglas 
said : 

" I know that they (the secessionists,) have expected to present 
a united South against a divided North. The conspirators have 
been led to the hope that in the Northern states it would bo a par- 
ty question, producing civil war between democrats and republi- 
cans, and the South, being united, would stop in with their legions 
and help destroy the one and then conquer the victor. The 
scheme was bloodshed and civil war in every Northern state." 

Mr. Douglass, further said, " 1 am a good partisan hater and 
fighter, in time of peace ; but you will find me as good a patriot 
when the country is in danger. ^' * * It is your duty to lay 
aside party creeds and party platforms. Then I appeal to you, 
my democratic friends, do not let mortification, growing out of a 
defeat in a partisan struggle, convert you from patriots to traitors 
to your native land. Whenever our government is assailed, when 
hostile armies are marching under rude and odious banners, the 
shortest way to peace is the most stupendous and unanimous pre- 
paration for war.'' 

I quDto these words, because now the elements in this dark and 
dangerous hour most to be dreaded, springs from divisions in the 
Northern states, growing out of ambitions and strifes for individual 
and party ascendency. Mr. Douglas plainly foresaw the danger, 
and leaped the wide chasm of party to save his country. 

Immeasurably important to our country is it now that there 
should be but one party, and that for the Union. In peace times, 
I confess myself to being a partisan, strong, relentless, unforgiv- 
ing ; but when the country is in such imminent peril, I try to 
know no party, save my country. In the appointments I have 
made to office, I have endeavored to confer them as nearly equal- 
ly as possible, upon republicans and democra!s. Whenever I see 
a man, be he a republican or democrat, who is ready to bring a 
good, honest heart, and a strong vigorous arm to the support of 
the Government, and lay aside all to save his country, then, irre- 
spective of old party associations and affiliations, I will take him by 
the hand as a brother, and bury forever in the tomb of human for- 
getfulness all memory of former wrong. 

If the members of this General Assembly, and the press and 
people of Illinois, in the spirit of lofty patriotism, could lay aside 
every thing of a party character, and evince to the country, to our 
army, and, especially to the secession states, that we are one in 



61 



heart and sentiment for every measure for the vigorous prosecu 
tion of the war, it would have a more marked effect upon the sup- 
pression of the rebellion thar. great victories achieved over the 
enemy upon the battle-field. For, when the North shall present 
an undivided front-astern and unfaltering purpose to 'xhaust 
every available means to suppress the rebellion, then the last 
strong prop of the latter will have fallen from under it, and it will 
succumb .and sue for peace. Should divisions mark our councils 
or any considerable portion of our people give signs of hesitation,' 
then a shout of exultation will go up, throughout all the hosts 
of rebeldom, and bon-flres and illuminations be kindled in every 
bouthern city, hailing our divisions as the sure harbingers of their 
success. We must stand by the President, and send up to him 
and to our brave armies in the field, the support of an undivided 
sentiment and one universal cheer from the masses of all the loyal 
states. The stern realities of actual war have produced unanimity 
among our soldiers in the army. With them the paltry contests of 
men for political power dwindle into insignificance before the 
mightier question of the preservation of the national life. Coming 
into closer contact with Southern men and society, the sentiments 
of hose who looked favorably upon Southern institutions have 
shifted round. They have now formed their own opinions of the 
proper relations of the Federal Government to them, which no 
sophistry of the mere politician can ever change. Seeing for 
hemselves s a very and its effects upon both master and slave, 
^ ^hey earn to hate it and swear eternal hostility to it in their hearts! 
I^ighting for their country, they learn doubly to love it. Fightino- 
for the Union, they resolve to preserve, at all hazards, the gforioul 
palladium of our liberties. ^ 

Can we consent to send a keen and fatal pang to the heart 
of every Illinois soldier, now fighting for his country, by ill-timed 
party strife at home? Will we dampen his hope, cool his ardor, 
paralyze his arm ? While our brave boys are in the field, exposed 
snows and storms, often without tents, sleeping these cold nights 
upon the frozen earth, undergoing long and wearisome marches, 
suffering bleeding, dying upon the battle-field, or upon the road- 
«de, and in hospitals scattered over the land, far away from home, 
wife, children and friends, can we consent to fritter away precious 
time, in these dark and eventful hours in petty contentions for 
place, and party ascendancy ? 



62 



That I may relieve myself of the charge, by any one, of attempt- 
ino- to cast censure on any particular party, here let me say, that, , 
as^Oomrnander-in-chief of the army of this State, I know that the 
troops of Illinois are composed of both republicans and democrats; 
I cannot say delinitely in what proportions, but I can say that both 
are largely represented, and that I have found no reason whatever 
to complain of either. 

It. also aftbrds me great pleasure to say that I believe there is 
no considerable portion of any party in the State ollllmois m 
favor of a dissolution of the Union. I have been in a position where 
Icouldiudo-e, and must condemn, as uncharitable, the judginent 
of some" friends, and say to them, that tmUors, men who would pull 
down the pillars of this fair fabric of American independence of 
our. are '4ew and far between." Indeed, I assert that any party in 
Illinois would soon meet with overwhelming popular condemna- 
tion, in the attempt to divide our blood-cemented Union by anynn- 
aginable boundary lines, under any pretenses, however plausible 

they might be. , 

I re-ret that appeals are being made to the masses by a few pub- 
lic presses in the country for separation from Wew England. Not 
a drop of New England blood courses my veins; still I should 
deem myself an object of commisseration and shame it I could 
forcvet her glorious history; if I could forget that the blood of 
hei^ citizens freelv commingled with that of my own ancestors 
upon those memoi-able fields which ushered in the millenium dawn 
oi- civil and religious liberty. I propose not to be the eulogist of 
New Eno-land ; but she is indissolubly bound to us by all the bright 
inemories of the past, by all the glory of the present by all the 
hopes of the future. I shall always glory in the tact thati belong 
to a republic in the galaxy of whose stars New England is among 
the brightest and best. Palsied be the hand that would sever the 
the ties which bind the East and West. 

There are differences of opinion as to the best mode of restor- 
ing a peacetul reunion and the healthful authority of the govern- 
ment- but I do not for a moment tolerate the idea that any con- 
siderable portion of either party, would upon any compromise 
or terms whatever, consent to a dismemberment oi the Union 
Even opposition to the policy of the Administration does not 
necessarily imply opposition to the Union. But here I desire 
to make a remark, to which I invite the patriotic consideration 



of the members of the General Assembly. It certainly is not 
unreasonable for the party, which has been placed in power 
under all the forms of constitutional usa^e and requirements, to ask 
at the hands of the opposition, during the term of its administra- 
tion, a tolerant support of the measures which it adopts for tlie res- 
toration of the Union, leaving the question of party supremacy 
be determined at the regularly recurring elections. Our ship of 
state IS on the stormy wave, amid the rocks and breakers. If we 
stop to decide whether we shall have a new captain she will go 
under before we have decided. Let every man be at his post 
on quarter-deck and prow, at helm, sail and rope, fore and aft' 
and all say to the captain, "we will see you through. Let's save 
the ship." 

The accumulated horrors of this dreadful war have led the minds 
of the people to think of peace, and every true patriot and plnlan- 
thropist ardently desires peace. But it has its difficulties. It is 
not desirable without it can be honorable, solid and cndurino- 
There is no probable compromise which can secure it. The rebels 
will submit to no compromise short of a dissolution of the Union 
and the establishment of a Southern Confederacy. On the other 
hand, the people of the loyal States will subn.it to no adjustment 
short of the submission of the rebels to the rightful authority of the 
Government, and the unconditional union of the States The reb 
els demand the right to go off with three-fourths of our broad ter- 
ritory ; the people of the loyal States will never yield a single acre 
lo those who, m view of the calamities of the war, may suppose 
that any division of our territory can secure peace, let me put the 
mterrogatories: Where would be the boundary line; and once 
established, what guarantee is there for a continuance of peace ? 
A division of this country into several different nationalities means 
nothing more nor less than perpetual and destructive war ; an un- 
ceasing conflict for supremacy; a never ending stnurgle for the 
empire of the continent, at a cost of millions of treasure ; and op- 
pressive taxes upon the people to keep up separate governments 
and maintain standing armies. Such is now the condition of the 
clilterent nationalities of Europe, whose immense exactions have in 
tne last twenty years driven millions of their poor to seek our shores 
as an asylum. Instead of peace, it would be as if this nation were 
to make its last will and testament, and bequeath internecine and 
Woody war as a legacy~an inheritance for;tlie dwellers in the land 
lor ail time to come. War, then, might be expected to become the 



64 



occupation of the people. The questions of the navi.u-ation of our 
rivers, of boundaries, taritVs, eomniercial regulations, escape and cap- 
ture of slaves, pride and jealousies enibittered by the remembrance 
of former feuds, and numerous other causes, would engender and 
keep up bloody and perpetual wars, until at last all that was worth 
livino- for, all that was lovely in the land, would be blotted out and 
but tSw evidences left of the greatness and glory of a once happy 
and united people. 

1 can think of no peace worth having, short of crushing out^the 
rebellion and" the complete restoration of the authority of the Gov- 
ernment. The only way to honorable and permanent peace is 
through war— desolating, exterminating war. AVe nnist move 
on the enemy's works. We must move forward with tremendous 
energy, with accumulated thousands of men and the most terrible 
eno-iuery of war. This will be the shortest road to peace and be 
accmupauied by the least cost of life and treasure in the end. 

If our brave boys shall fall in the tield, we must bury the dead, 
take care of and bring home the sick and wounded, and send fresh 
battallions to till up the broken ranks and to deal out death, des- 
truction and desolation to the rebels. We might talk of compro- 
mise, if it aifected us alone, but it would atfect our children and our 
children's children, in all the yeiu-s of the future. The interests to 
be atiected are far reaching and universal as humanity nud lasting 
as the generations of mankind. I have never had my taith in the 
perpetual Union of these States to talter. I believe this infernal 
rebellion can be, ought to be and will be, subdued. The land may 
be left a howling waste, desolated by the bloody footsteps of 
war from Delaware Bay to the Gulf, but our territory shall re- 
main mnuutilated-the country shall be one, and it shall be free 
in all its broad boundaries, from Maine to the Gulf and from ocean 

to ocean. 

In any event, may we be able to act a worthy part in the trying 
scenes through which we are passing ; and should the star of our 
destiny sink to rise no more, may we feel for ourselves and may 
history preserve our record clear before heaven and earth, and 
hand down the testimony to our children, that we have done all, 
perilled and endured all, to perpetuate the priceless heritage of 
Libertv and Union, unimpared to our posterity. 

RICKAKD TATES. 

Jayiuari/ 5, 1S(33. 



MESS AG I 



OF HI8 BXCKLLKSCW 



RICHARD Y ATE8, 



GOVERNOII OK ILLINOIS, 



'lO IHK 



GENlMIAf. ASSEMBLY. 



JANCAiiV 2, i8c;r.. 



SJ'itiiNGFIELD: 

B A K E K A, I' JI I J. L I p 8 . i> u ; j^- -, ,. j, ^ 



ME SS AGE 



OF HIS EXCELLENCY, 



EICPIARD YATES, 



GOVERNOR OF ILLINOIS, 



TO THE 



GENERAL ASSEMBLY. 



JANUAliY 2, 1865 



SPKINGFIELD : 

BAKEK & PHILLIPS, PltlNTEBSv 

1865. 



l\. 



MESSAGE 



Gentlemen of the General Assembly : 

INTRODUCTION. 

In delivering to you tlie last message wliich it devolves upon me, 
as the executive of the State, to communicate to the General As- 
sembly, I feel it to be our first duty to render thanks to Almighty 
God for the continued protection and goodness of his Providence, 
for the abounding blessings with which lie has favored us as a 
State, and for the continuance to us, unimpaired, the possession 
and enjoyment of our civil and religious liberty. For though a 
sad and waasting war has jjrevailed in the land, and thousands 
of homes and hearthstones have been made desolate, our gov- 
ernment has been preserved to us, our nationality has been main- 
tained unbroken, and our free institutions have come out of the 
shock of battle, not only not destroyed, or impaired, but stronger, 
and dearer to us than ever before. The storms of revolution, 
which have so rudely beat around the tree of liberty, have served 
only to deepen its roots and strengthen its trunk, and the people 
at home stand reassured with new and unfaltering confidence in 
our institutions, while foreign nationalities are forced to pay the 
tribute of involuntary respect to a people who, true to the memo- 
ries and traditions of their fathers, and faithful to the sacred trust 
of liberty committed to their care, stand unappalled by the dark 
events of the gigantic war in which they have been engaged. 

As a State, notwithstanding the war, we have prospered beyond 
all former precedents. Notwithstanding nearly two hundred thou- 
sand of the most athletic and vigorous of our population have been 



■withdrawn from the field of production, the area of land now under 
cultivation is greater than at any former period, and the census of 
1865 will exhibit an astonishing increase in every department of 
material industry and advancement ; in a great increase of agricul- 
tural, manufacturing and mechanical wealth ; in new and improved 
modes for production of every kind ; in the substitution of ma- 
chinery for the manual labor withdrawn by the war ; in the 
triumphs of invention; in the wonderful increase of railroad enter- 
prise; in the universal activity of business, in all its branches; in 
the rapid growth of our cities and villages ; in the bountiful har- 
vests, and in an unexampled material prosperity, prevailing on 
every hand ; while, at the same time, the educational institutions 
of the people have in no way declined. Our colleges and schools, 
of every class and grade, are in the most flourishing condition ; 
our benevolent institutions, State and private, are kept up and 
maintained ; and, in a word, our prosperity is as complete and 
ample as though no tread of armies or beat of drum had been heard 
in all our borders. 

I submit herewith a statement of the permanent debt, funded 
and imfunded, of the State. 

There has been purchased and paid off by the State, with the 
Central Railroad Fund, from December 1, 1862, to December 15, 
1861, State indebtedness, as follows : 

Principal .^ |,8Y5,988 41 

Interest, arrears of interest, etc 30,158 i)8 

$906,147 39 
10 per cent, paid on registered canal bonds, by 
Canal Ti'ustees, installments Julv, 1863 and July 
1864, 5 per cent, each ,...." 289,133 33 

$1,195,280 72 



PERMANENT DEBT, FUNDED AND UNFUNDED. 

Statement, showing amount of different classes of State indebt- 
edness outstanding, Dec. 16, 1864 : 

Illinois Bank and Internal Improvement stock,. . . , $31,000 00 

Illinois Internal Improvement stock, 42,000 00 

Internal Improvement scrip, 19,570 33 

Liquidation bonds, 234,650 21 



5 

New Internal Improvement stock 1,848,407 85 

Interest bonds, 184T, 1,206,836 96 

Interest stock, 1857, 701,404 75 

Two certificates for arrears of interest, 1002 58 

Kefiuided stock. 1,837,000 00 

Normal University bonds, 65,000 00 

Thornton Loan bonds, (act app. Feb. 21, 1861),. . . 182,000 00 

Balance Canal claims, under Thornton Loan act, . . 3624 58 

War bonds _ _ 1,679,100 00 

Illinois and Michigan Canal bonds, payable in New 

York, 1,618,000 00 

Illinois and Michigan Canal bonds, payable in 

London, 1,631,688 89 

Interest certificates. Canal stock, not registered, . . 17,661 33 

Canal scrip, signed by Governor, 2616 97 

121 Macallister and Stebbins bonds, which, accord- 
ing to statement of C. Macallister, would amount, 

Jan. 1, 1865, to about 57,000 00 

$11,178,564 45 



STATE DEBT. 

Since December 1, 1862, in addition to the regular semi-annual 
payments of accruing interest on the State debt, tlie following 
amounts have been liquidated, with the proceeds of the fund de- 
rived from the Illinois Central Railroad, viz : 

Refunded stock of 1860, redeemed under the Gover- 
nor's proclamation of September 28, 1863, including 
accrued interest on the same, $68,507 50 

State bonds, jmrchased at par, canceled and deposited 
with the Auditor, tlie principal and interest of 
which amount to. 706,182 12 

Scrip, coupons, etc., paid oif at ]ydv, under the act of 

February 22, 1861, 23,643 36 

Amount of principal and interest extinguished with 
the Central Railroad fund, from iJeceniber 1, 1S62. 
to November 30, 1864, ' $798,332 98 

In addition to this, a further amount of S107,S15 42, of the 
same fund, has been used in the purchase of State indebtedness, 
since December 1st, nuiking, in the whole, $906,148 40 of the 
public debt extinguished in a little over two years. The amount 
derived from the two-mill tax, on the assessment of the year 1863, 



api^licable to dividend on State indebtedness, presented to the 
Auditor January 1st, 1865, is some six hundred thousand dollars. 
This, added to the amount extinguished with the Central Kailroad 
fund, makes an aggregate of one and a half millions of payment on 
the debt of the State, since December 1, 1862. And the indica- 
tions of increased receipts from the Central Kailroad, and from the 
two-mill tax, are such as to warrant the belief that at least one 
million of dollars, per annum, will be hereafter realized from these 
two sources. 

KEOEIPTS FKOM THE CENTRAL KAILEOAD. 

The amount received from the Central Eailroad, for the seven 
per cent, on the gross earnings of said company, of the past two 
years, has been as follows : 

For the six months ending April 30, 1863 $126,634: 83 

For the six months ending October 31, 1863 173,759 75 

For the six months ending April 30, 1861 170,055 08 

For the six months ending October 31, 1864 235,458 96 

$705,908 62 

It will be seen that the amount received for per centage on the 
earnings of 1864 is more than one-third larger than that for 1863. 

BEVENUE — KECEII'TS AND EXrENDITURES. 

The receipts into the treasury for revenue purposes, for two 
years, ending November 30, 1864, have been $497,616 11 ; of 
which amount $109,547 64 was received for tax levied in 
the year 1862, and $315,088 46 for tax levied in the year 1863; 
the Vemaindor of the amount received being from miscellaneous 
sources. The amount in the treasury, December 1, 1862, was 
$374,697 19, which, added to the amount received, makes an 
aggregate of $872,303 30. 

The amount of warrants drawn against this fund, from Decem- 
ber 1, 1862, to November 30, 1864, is $884,014 97, and the amount 
of the same outstanding, unpaid December 1, 1864, as appears 
from the Auditor's report, was $20,510 98. It will be seen that a 
continuation of the expenditures, in the same rptio, as for the past 
two years, and of the receipts from taxation, as for the collection 
for 1863, will result in a deliciency of the receipts, as compared 



with the expenditures, of more tlian one hundred tliousand dollars 
per annum; and tliis, without consideriiii^ tiie j^reatlyi enhanced 
]>v[c(iS necessary to be paid for all articles purchased for thc^uee of 
the State, and of all services rendered, except such as the compen- 
sation for which is fixed in amount. 

The rate of tax now levied for revenue purposes is one and one- 
fifth mill on the dollar of valuation, producing, for the year 18(53, 
(as 'before stated) $315,088 46 of actual receipts at^the treasury, 
whilst one-half of the amount expended in two years will be found 
to be $442,007 48. The conclusion is obvious that an increase of 
taxation or a reduction of expenditures is of absolute necessity. 

COLLECTION OF TAXES. 

The act of the last General Assembly authorizing the collection 
of taxes in legal tender notes and postal currency expired, by limi- 
tation, on the 1st of January, 1805, thus leaving the act of 1853 in 
force ; which act requires payment of taxes in gold and silver. I 
presume that no argument is needed to show that a re-enactment 
of the law authorizing paym.ent of taxes in Uruted States notes is 
a matter not only of public policy Ijut of absolute necessity. 

APPEOPEIATION ACT OF FEBRUARY 14, 18G3. 

The act of the last General Assembly, approved February 14, 
1863, entitled "An act to provide for the ordinary and contingent 
expenses of the government until the adjournment of the next 
regular session of the General Assembly," and containing pro- 
visions for the payment of the incidental and contingent expenses 
of the government and of the different State departments, clerk 
hire of the different State officers, etc., and in aid of sick and 
wounded Illinois soldiers, has been pronounced by the Supreme 
Court to be void. Previous to the^rendering of this decision several 
warrants had been issued by the Auditor, for purposes contem- 
plated by said act ; none of which have been paid. In fact, the 
decision of the Supreme Court was rendered in suits brought 
against the Treasurer, with the view of compelling him to make 
payment of said warrants. All these warrants were regularly 
issued by the Auditor, on accounts ior services actually rendered 
and articles actually furnished ; and all of the same should right- 



fully be paid. The aggregate amount of such warrants is less than 
seven thousand dollars. The cost of clerk hire and incidental ex- 
penses of the several State departments have been borne by the 
State officers, from private means, for the past two years ; and I 
would therefore recommend the re-enactment of the law, with a 
provision legalizing the warrants outstanding, and requiring the 
State Treasurer to treat the same, in all respects, in like manner 
with warrants issued under other laws. 

It will be recollected, in this connection, that in June, 1863, a 
disagreement having occurred between the two Houses of the 
the General Assembly as to the time of adjournment, I availed 
myself of the power vested in me by the constitution, to prorogue 
them. Seeing, as I supposed, a disposition to embarrass the 
o-overnment in the prosecution of the war, and a refusal to make 
the necessary appropriations to carry on the State government, and 
provide aid for the relief of our sick and wounded soldiers, and 
also to interfere with the prerogatives of the State Executive, I 
deemed it my duty to avail myself of the contingency which the 
constitution placed in my hands, of rescuing our noble State from 
oblofpiy, by a prorogation ot the General Assembly. It will be 
seen, however, that such a necessity, and the subsequent decision 
of the Supreme Court, declaring the said law, making the contin- 
gent appropriations aforesaid void, devolved upon the State 
authorities the alternative of raising the means necessary to carry 
on the iTovernment, by advances from private citizens, which would 
necessadly be large, by reason of greatly increased service and 
expenditures in every department of the government, growing out 
of the complications of the war. I therefore recommend the re- 
enactment of the said law, with a clause for adjusting and paying 
all accounts for expenditures incurred, as above stated, to be audited 
by the Auditor, and warrants issued, upon the approval of the 
Governor. 

I herewith submit a report of the expenses incurred in my office, 
and other necessary expenses, incurred according to the intent of 
said appropriation. 

Much credit is due to liberal and patriotic citizens of Chicago, 
Springfield and Knox county, for advances made by them so gen- 
erously to the State, in its emergency. 



^Xi 



ARMY AUDITING BOARD. 

I submit lierewitli the final report of tlie Board of Army Audi- 
tors, appointed under the "Act creatin,^ a war fund and to provide 
for auditing all accounts and disbursements arising under the call 
for volunteers." It embodies a detailed statement showing the 
dates of all claims filed, names of the parties filing the same, their 
amounts, what for, and amounts allowed; also the amount of claims 
rejected, suspended, withdrawn, barred, etc. the i-eport is valuable, 
and should be published. 

BARKED WAR ACCOUNTS. 

Under the fifth section of the act of May 2, 1861, creating a waf 
fund, and pix)viding for auditing accounts of war expenses, all 
clamis for such expenses were required to be presented for adjust- 
ment within three months from the accruing of the same— id 
default of which, such accounts were required to be "considered 
donated to the State, and not thereafter allowed, under any pre. 
tense whatever." This provision of the law has, in many instances, 
worked very great hardship. Many persons furnished articles, 
and rendered service, in utter ignorance of this provision of the 
law, and others were ordered away from the State, in the military 
service, and had not the opportunity to present their claims until 
long after the three months had expired. 

The Board of Commissioners, wishing to do all that lay in their 
power to facilitate the collection of claims which they considered 
tneritorious, have examined and passed upon a considerable num- 
ber of such claims, and have stated that they would have allowed 
the same for payment, but For the limitation made in the law I 
would recommend that the Auditor be authorized to issue warrants 
m payment of such accounts as were so passed upon by the Com- 
missioners, the same being first approved by the Governor. The 
accounts so passed upon are now on file in the Auditor's office. 

THE PHYSICAL RESOURCES OF OUR STATE. 

The physical resources of a State are the foundation of all others; 
Ihey make it great or little. They shape its destiny. They evett 
affect Its moral and religious character. History teaches this trutlv. 
All the great nations of ancient and modern times demonstrate it. 

—2 



E^TPt, Syrm, Greece, Eome ; Great Britain, France, the United 
^Z: arc so many proofs that fevorable physical ^"^'HeZ 
resonrecs arc absolately necessary to material and moral develop- 
ment. Illinois, in this respect, stands pre-cmment among the 
States of the Union. She is the heart of the l^orthwest. In 
agricnltnral resonrces she is nnsnrpassed. In manntactnnng and 
connnercial facihties she has no snperior. On the east, south and 
west, the Great River of the continent and its tnhntanes wate to 
border connties, while their branches penetrate to every part of the 
Sta e irrii^atini her soil, draining her low lands, and affording 
wate power for her manufactnres. The Illinois nver nms tor 
over two hundred miles through the State, from northeas to sonth- 
:i forming a natural highway between the lakes and *e M,s.. 
sippi the key of which is entirely in our possession. This higli- 
way B one ot^the most important of the physica resources ot the 
I,^e; while, in a military point of view, it enables us to omma^e 
the lakes on die one hand, and the Father of ^\ aters on the othe 
A State holding this great water-way, must always be a power on 
L cm inont, Is well as in the Union. Then, we have, on the 
northeast, an outlet to the ocean through the groat lal<es, those 
inland seas of the continent; while tliat one ol them Mie uga 
which laves onr northeastern border, is almost laud-locked, and 
thus the least liable to hostile ineui^ious Ironi '»'-«'g>; l^"'','; 
This secures K, us .lie site for a naval depot, lor do^k-ya ds to, the 
Iniilding and repair of vessels, for foundries lor cannon, for wo k 
shops f .r all descriptions of war material, at some pomt 0,1 Lake 
Michigan, between the Wisconsin and Indiana Stale hues Om 
State is a so on the direct route of the Pacific railroad, which mi, 
h tersect it from east to west ; thus making it a portion of the great 
gtway between Europe and the Indies. Then, aga,n, all our 
;'es of'com,nnnication, from the interior of the State to slnpp.ng 
points connected with tide-water, at winch bulky articeso, mei- 
chandise or agricnltnral products can be received or delivered, a e 
! lor t ThisLves the cost of lengthy transportation ot such art - 
cles by railwav, which must always be expensive. At preseii n 
some of the Stltes to the west and northwest ot ns, large quanti- 
•lof g,-ain have been stored on the navigable rivers for the la 
two seasons. On account of low water it cannot be sent to niarke 
hystZboat, while the cost of railway ^^^^V^^!^ ^^:^ 
up its vahie. This can never he the case in Illinois, as long as 



11 

water runs in the Mississippi, and that of tlie great lakes flows 
unobstructed to the sea. But not alone do we possess agricultural 
resources of an almost unlimited character: we have also within 
the limits of our State, facilities for manufactures, which equal 
those of nearly all the other States of the Union combined. Be- 
neath the surface of our blooming prairies and beautiful woodlands 
are millions of tons of coal, easy of access, close to the great cen- 
ters of commerce and manufactures, on great navigable rivers, and 
intersected by railway facilities of the best description. 

Illinois, in 1860, was the fourth State in the Union in the num- 
ber of tons of coal produced. But what has been produced bears 
no comparison to what may be. Our State Geologist assures me 
that in a single county in this State tliere\,are a thousand millions 
tons of coal awaiting the various uses to which the civilization of the 
future will apply it. It will thus be seen that Illinois possesses 
within itself the physical resources of not only a great State, but 
a great nation. 

But if Providence has been bountiful in the natural resources of 
the State, it is necessary that man must be able and willing to use 
them to advantage ; that he must have the capacity both to discern 
the capabilities of our situation and turn them to the advantage of 
our own and the people of other climes and countries. While, as 
I have shown, the physical resources of a State are the foundation 
of all other, it is also true that the people of a State must be equal 
to the demands and requirements of its physical capabilities. The 
most favored situation may be thrown away on a degenerate or 
incapable people. But, ha])pily, we not only possess the physical 
resources of a great nation, but the mental and moral capacities of 
a dominant and progressive race. All it needs, then, for a proper 
development of our resources is, that our efibrts be well directed ; 
that we organize and direct labor, to the end that the greatest 
amount of development may be attained by the least possible 
expenditure of brute force ; that by combination of eifbrt, by organi- 
zation of industry, by bringing into harmonious working develop- 
ment the three great branches of human industry — agriculture, 
manufactures and commerce — we may so weld each apparently 
hostile but really mutually dependent interest, into such a svm- 
metrical whole, as to produce the most perfect social system. And 
this has been the aim of philosophy and statesmanship since the 
world began. But it can only be attained by the triumph of mind 



12 

over matter; bj a continnal procuress, in wliicli tlie apparently inert 
forces of nature are made to snl.serve the highest uses of man. 

The war now being waged has tended, more than any other 
event in the Iiistory of tlie country, to militate against tlie Jeffer- 
Bonian idea, that -the best goyernment is that Nyliich governs 
least The war has not only, of necessity, giyen more pmyer to, 
but has led to a more intimate prevision of the government over 
every material interest of society. By creating a large debt, it has 
necessitated an extended and elaborate system of taxation. This 
eystem takes note of every man's business,' its profits and its proba- 
ble tuture increase, so that the State may know what revenue it 
has at the i)resent time and what it may depend on in the future 
But, by creating a lai-ge debt, the war has also created a means of 
stimulating the industry of the country. It has created a credit, in 
the shape of public securities, which is so much bankin- capitalVor 
the industry of the nation, and forms a sure basis for creating more 
wealth through all the ramitications of industry. A merely agri- 
cultural country, such as the ideas of the great minds of the earHer 
period of the democratic party believed to be the nltlma thule of 
the social state, never could sustain the immense debt which we 
are compelled to provide for. It is only through the enlargement 
ot the manufacturing and commercial industries of the a^untry 
that it can be borne. But through those it can be made that which 
the people of Great Britain proudly call theirs: "a great national 
blessing." It can be made to enlarge, strengthen, and place upon 
an enduring basis of prosperity, those great material interests of 
the country, which are the pride as well as the distinguishing 
features of every civilized nation. It will be the development o^t" 
manufactures and commerce to the highest possible point, which 
will finally rescue the present social state from the many evils 
which accompany it, and usher in the millenium dnv of true social 
and political equality. While I cannot say that f desire a lar-e 
national debt, yet, as we are to have it, we can console ourselves 
that while a large debt has its disadvantages it also has its com- 
pensatory blessings. It brings the government nearer to the indi- 
vidual. It makes the man recognize himself us part and parcel of 
the State. lie supports it, and he feels that it is bound to protect 
him. The man who pays twenty dollars of a scliool tax expects 
that his children will receive a proper education. Th« manufac- 
turer, or farmer, or merchant, or ship owner, who pays his taxes 



P--* 



13 



tr t I rr r" ; '"<'""■•>■' J-'b- oxpoets ,l.„t tl.at indus- 
try «,11 ,e torfercd an,l protected. It k true t],at a p-eat „atior,al 
debt bmds us ,„o,.e closely as a r.eo!.le-,r,akes us realize tl.e r/ u 
benehts ot a government, while it causes us to feel its burdens 
All duty ,s recprocal. "With whatever n.easure ye n.ete, it s hlli 
be measured to you airaiii " j , ^ euaji 

But it is to our debt, as a means of stimulatinc. our industrial in- 
terests, tbat I particularly desire to call your attention ; because it 
Jies in your power to provide the means through which those inter- 
ests can be enlarged and extended. We must utilize the credits of 
the State and nation, if we would keep pace with the proc^re.s of 
other states and peoples; if we desire to bear our share of tl,e bur- 
dens of the present war; if we hope when the white-winged mes- 

menM- .rT ''^'\^'"^ ' ''''''''''' ^'^""^^>' ''^ P-vide^employ- 
ment for he thousands of our "gallant boys in blue," who are now 
bravmg the storms of battle on many fields, when they return to 
the peaceful avocations of ind.istry. We must encourage tlie for- 
mation of corporations for extending agriculture, manufactures arul 
commerce. We n.ust mohili.o capital, so that it shall not be "buried 
m H napk.n, but shall earn for itself the ability to increase, and 
by such increase, stin.ulate industry and re-create itself. I feel 
deeply on this subject, because, from a careful study of the condi- 
tion of our national finances, I am irresistibly led to the conclusion 
that in order to pay the interest on our debt and carry on the war 
to a numphant close it is absolutely necessary that the resources 
o^tlen , „ should be enlarged and extended. The labor and 
capital of he country are the buses and sonn-es of all its wealth 
I .s possible that these umy be overtaxed, and thus eventnali; 
permanently contracted into narrower channels ; but it is not pos- 
sible with such vast material resources a. are j.osse.sed by ou fa- 
V';.-od land, that the former can ever be too widely extended or too 
^^Hnutely varied, or that the latter can be too .reatly increased or 
too widely diffused. Where would onr Stat;., no: ^^^t:- 
cultural, manufacturing and other resources, or even military pmv- 

hiZ ^^"'"'1!^ '^" "^"■"^' improvement system, of which the 
amcnted Gov. Duncan was the able and j^ersistei.t advo(.ite, had 
been entirely neglected, and the Empire State of the Northwest 
.mowed to vegetate in the imperfect condition of a merely a.^ricul- 
tural and pastorul state ? ^ ^ ^' 



14 



AOKUnM,Tl-K.M.. MKOUAMOAl. ANO COMMKKCIAL UUKKAU. 

In oonuo.nou with iho above .uI/uhM, :uu1 tor t .o bonolU oi' tluj 
,,U>s,nnl iniofosts of tho 8tato, I .ouUl .o.,o.mUlv voootumotul 
,,, ,,,,,,,, ,t an Ao.vioultuval, Mochani.al -u -— " ^^ '; 
voau of Statistics. Thi. ^voula be a hi^bly usotnl ae,art>ueut o 
.tate ovvernment.as ^vell a. a ^veat assistance to nmmj^mt ton l>ut 
this is'but a sttutll part of the bouolit it .-ouhl oottfer. Iho nation i. 
t.in. into a tu.v era of its oxisteneo. OKI fortns n.ust bo abat. 
llonoa: atta etaargoa views of the vvineipU. ot ,overnn>en aecep - 
od The o.arn>ents of the vonth are too eontraeted lor the man 
AVAth itter^asing ana varving itulustrial purstiits, the people aeimina 
inereasea anties ot. the part of the State. At present, corporations, 
vepresetUino- .peeial interests, take upon thetu c nttes Mauoh prop- 
erly belotto- to the State at laro-e. Thus the only statistical tables 
ar^ those preparea bv the Oluunbers of Comnierce ol onr cities, or 
bv corporations interestea in a special branch of unnstry. These 
tables are, of conrse, but partial representations ot the coiuition ot 
the industrial interests of the State. We shouhl have a l.tnvau. 
,,Uieh.-ouia prepare statistics aiul presentMacts regai-atng al u 
i.Klustrial interests of the State, agricultural, mechaiucal atul com 
mercial These ^voula be of use, not only to the larmer, the man- 
ufacturer ana the merchant, but to the statesman aiui social ecouo- 
nu.t A short time since, ^vhell a aistinguishea ioreigu statesman 
requestea to see a compilation of the social aiul inaustruil statistics 
of the State, it Mas a matter of embarrassment to me, ^vhell com- 
vellea to inform lil.n that there was no such work in existence, 
b^uch a work wouhl be more highly useful than most persons are 
ant to inui-ine. It wouUl enable the merchant to regolate the quau- 
tltv of lar stocks, the larmer to tlx his prices, the mauutacturer 
to'aetermine his wants, ana tho statesman to draw up the most 
comprehensive and least oppressive system of taxation. As wo 
uow stand, in this respect, all these things are aoue at haphazara. 
The conseciuence is, a loss of time aiul money, ami, very olten our 
people are ariven from certain markets ana overstock others, 
throuo-h iouorance .^i' the particular wants ana necessities ot the 
countrv, aiui the .piantity of merchanaize neeaed to supply them. 
Suppose the statistical tables of the State showed that Illinois pos- 
sessed a certain quantitv o( corn in her cribs and storehouses, 
would not this fact araw buyers from all parts to invest in the 



15 

cheapest market, and not If;ave the people snhject to a i'aw rnonopf)- 
lists? And HO witli other articloH. The diffusion of knowledge on 
the state of the markets h one of the best safeguards to tlie great 
mass of the people against the 'chieanery and fraud of speculators, 
monopolists and middle-men generally. To protect the weak 
against the encroachments of tlie strong, is one of the primary ob- 
jects of government. For these and other reasons, I earnestly re- 
commend the establishment of A Bureau of Statistics, to be presided 
over by a Commissioner j^ractically familiar with the great indus- 
trial interests of the State. 

GKOLOGICAL SrRVEY. 

This work has now been in progress nearly seven years, under 
the charge of the present director, and his reports, embracing the 
re8ults"of thejabors of the Geological corps employed in the sur- 
vey, have been, from time to time, presented to the proper author- 
ities for publication. A voluminous report is now ready, embracing 
the general result of all the labor performed up to the present 
time, with about fifty jjlates of illustration, besides the necessar}'' 
maps and geological sections, which have been executed in a man- 
ner highly creditable to the artists who have been employed in this 
department. It is greatly to be desired that some provision should 
be made by the Legislature, at its present session, for the publica- 
tion of this work ; for, although the responsibility is thrown on the 
Executive, by the law organizing the survey, there is no special 
provision in that law for placing at my disposal the means necesary 
to defray the expenses attending it. 

For further infonnation in relation to the present condition of 
this work, I refer you to the " Jieport of Progress " of the State 
Geologist, which is herewith submitted, and to my former mes- 
sages, in which this suVjject is more fully presented. 

TlfE I'ENITENTIAKY. 

Since my last message, the work upon the State Penitentiary 
has gone on vigorously, and gratifying progress has been jnade. 
But the appropriation voted by the last Legislature for the finishing 
of this institution, and which, at the time, was believed to be suffi- 
cient, has been exhausted, leaving.^some important and necessary 
portions of the work still incomplete. The usual detailed reports 



16 

of the oflicers of tlie penitentiary have been received by the Audi- 
tor, and will be duly submitted to the Legislature. The commis- 
sioners present a statement of the management of the institution, 
and of expenditures upon it during the last two years, and state its 
future needs. It will remain for the Legislature to do, in its wis- 
dom, what shall he thought best to preserve and promote this great 
State undertaking. 

As it has been charged by a portion of the press of the State 
that the lease of penitentiary convicts made to James M. Piitman, 
at the session of June, 1863, was a fraud upon the State, and that 
the interests of the State, as well as the discipline of the convicts, 
very materially suffer under the present management, I deem it 
my duty to recommend the General Assembly to institute a thor- 
ough investigation of the charges made, and into the management 
and discipline of the penitentiary. The almost complete absorp- 
tion of m}' time by the military affairs of the State has prevented 
me from giving that attention to the subject of the discipline and 
well-being of the convicts as I, under other circumstances, should 
have done. 

The object of punishment is not only to deprive the offender of 
the opportunity of committing further crime, and to deter others 
from its commission, but also a most important object is the refor- 
mation of the offender, especially where, after his release, he is to 
go back and become a member of society. After conferring with 
those who have had experience on this subject, I am fully satislied 
that there should be, as we have at the liead of our State benevo- 
lent institutions, some general superintendent of every such insti- 
tution ; a man of the highest moral character, of practical wisdom 
and business talent, who should be responsible for the entire con- 
trol of the penitentiary. He should appoint the guards, clerks, 
stewards, and all the inferior officers ; he should regulate the police, 
arrange the discipline, appropriate the funds for the necessary 
expenses, transact the business of the prison, either by agents^ 
clerks, or contractors, and always have the control of the convicts. 
He should have a fixed salary, and not a per centage on the profits. 
Secondly, the warden should have the general care of the convicts 
in his charge; also, superintendence of the guards and of the 
police. He should not be in any way interested in the business of 
the prison^ except to oversee the men in their labor, and discipline 



17 

oiicnders under rules laid down by the general superintendent. 
He should also have a fixed salary. 

A liberal appropriation should be made for the maintenance of 
an efficient chaplain — one who should have the moral and reli- 
gious care of the men; the regulation of their religious services* 
should select books for the library, (for which purpose a liberal 
appropriation should be made;) be allowed to write letters for the 
convicts ; and should have free access to the prisoners and the hos- 
pital. And here I must say, in most emphatic terms, that the fact 
that the State allows only five dollars per week to the chaplain of 
the State, and where there are six hundred convicts, is a disgrace 
to the State, which this Legislature, I trust, will wipe out, and give 
to the chaplain a salary of not less than one thousand dollars per 
year. Also, as not one dime is allowed for newspapers, I recom- 
mend that at least one hundred dollars be appropriated for news- 
papers, to be selected by the superintendent, and circulated among 
the convicts. 

The province of the physician should be to administer to the 
infirmities of the convicts, and be responsible to the general super- 
intendent for his care and attention. 

Such, generally, in my humble opinion, should be the outline of 
the penitentiary management. I have no hesitation in suggesting 
that some such system, perfected by men of practical wisdom and 
experience, would result in vast saving to the State, and largely 
promote the welfare of the unhappy multitudes thrown upon its 
care, and lead to many permanent reformations of the prisoners. 
All the dictates of humanity require that particular attention 
should be given to this important subject by the members of the 
General Assembly. I refer you to two interesting communications 
from the present and former chaplains, transmitted herewith. 

EDUCATION. 

For a view of the progress and present condition of the common 
and Normal schools of the State, I refer you to the report of the 
Superintendent of Public Instruction, and invite your attention to 
the necessity of making provision for the immediate expansion and 
more perfect development of the system. The grand procession 
of events, political and military, which crowd the present, must not 
blind us to the inexorable demands of the future. No lesson of 
—3 



18 

this historic period is being more impressively taught us than this : 
that imder a constitution like ours the whole people must be trained 
to a just conception of their rights as men ; of their duties as citi- 
zens ; and of their sacred obligations as patriots. This, in theory, 
is the end sought by our system of free schools, and very great 
progress has been made. But the time has come when a vast acces- 
sion must be made to the educational forces of the State. Ten 
vears have brought us to a new era, demanding new agencies, new 
measures, and a more comprehensive, aggressive and liberal educa- 
tional policy. More money must be appropriated, more men nuist 
be employed, more forces organized and put in operation. The 
progress of events has superannuated the scale of operations upon 
which our free school system was inaugurated. What did very 
well in 1855, will not do for 18G5. 

Much of the machinery of common schools needs to be simplified, 
reorganized and perfected; temjjorary schools of instruction for 
teachers must be organized and conducted, at suitable points, 
throughout the State ; the changtless laws of mental growth and 
action must be proclaimed to the people everywhere, that they may 
be able to estimate the difference between right and wrong methods 
of teaching — the priceless blessings of good teachers and schools, 
and the worthlessness of bad ones; the duty of obedience to hygi- 
enic laws in the management of schools, must be inculcated, that 
we may have a generation of youth sound in body as well as in 
mind ; a spirit of taste and beauty must be diffused until the 
chaste and attractive, though simple and uncostly, designs of mod- 
ern improved school architecture shall be substituted for the mo- 
notonous deformity which now prevails in most of our rural dis- 
tricts; in a word, the people must be led to understand the true 
idea and end of education itself — why men should be educated, and 
hoiv tliej should be educated, as set forth with unanswerable power 
in the last biennial report, to the end that they nuiy see the inevita- 
ble abyss into which a republican government must ultimately 
plunge without intelligence and virtue co-extensive with the fran- 
chises of the citizen under the constitution. 

To realize these grand aims, the resources of the central educa- 
tional office of the State must be increased, both in men and means. 
It cannot be done by the Superintendent, confined to his office, for 
lack of clerical help, with no traveling fund and no competen 
assistants. It can only be done in Illinois as it has been done in 



iBail 



19 

Massachusetts and other eastern States, and as it is being done in 
Michigan, Wisconsin, and other western States, bj a Hberal appro- 
priation for State Institutes and for the State Department of Public 
Instruction, that the living heralds of these great educational prin- 
ciples may go forth among the people. Proper legislative action 
is of course necessary, but if our school laws were as perfect as 
inspiration itself could make them, they would be powerless to 
achieve the desired end without the living agency of qualiiied, 
experienced men. The salary of the State Superintendent should 
be increased to an equality, at least, with that of the Principal of 
the Normal University, and he should be allowed at least two 
assistants, with salaries sufhcient to command the very best educa- 
tional experience and ability. Tlio compensation of the head of 
the Normal School is not too large, and should not be reduced ; 
but no good reason can be given why the head of the whole system 
should receive only three-fifths as much (which is now the fact) as the 
presiding officer of an institution which is but a unit in tliat system. 
A comparison of the duties and responsibilities of the two positions 
would justify no such disparity of compensation. Much is said 
about the necessity of econoni}' in public expenditures. No man 
shall be before me in acting upon that principle. I advocate 
liberal appropriations for educational purposes hecause it is the only 
t't'ue economy^ in the long run. No investment will prove more 
profitable on final settlement. 

The Normal University, under its present very able administra- 
tion, is more than fulhiling the most sanguine expectations of its 
founders and friends, and should be regarded with just pride by 
every citizen of the State. Its halls are literally cjowded witli 
students from all parts of the State. It is doing a great and good 
work. T commend it and its in^terests to the confidence and favor 
of the Legislature. 

In dismissing thus briefly this great public interest, I proclaim 
it as my belief that no other should receive more serious attention 
and enlightened action at the hands of this General Assembly. 
The character of our future as a State and people will depend more 
upon the educator than the politician. It is a disgraceful fact that 
this great State, so matchless in all the elements of material wealth 
and power — so illustrious in her record of heroism and devotion to 
the Union— so soon to exercise, by her position and character, a 
controlling influence in the councils of the nation — this great State 



20 

is tinioug tho inotit moauTO and intuioquato of all the tVoo-ii^olvool 
States of tho Union in tho omUnvniont o( hor State Department of 
Education. 1 trust that this will bo so no lonoer. We eannot 
Offford to noi^leet these interests. 

OONGRKSSIONAL OKANT OK LANDS KOK KOUO.VTIONAL rUUPOSES. 

It will be renuMnbered that Congress, by act approved July 2, 
18('>'2, donated to the several States, nnder certain conditions, pub- 
lic lands, or scrip for the same, in the proportion of thirty thousand 
rcres for each senator and representative in Congress, the proceeds 
of the sale of which, or the land scrip to be issued therefor, is to 
be invested in stocks of the United States, or of the States, or some 
other safe stocks, yielding not less than live per cent, nixni the par 
value of said stocks, and to constitute a perpetiuil fund, the interest 
of which is to be inviolably appropriated to the endowment, sup- 
port, and maintenance of at least one college in each State, where 
tlie leading object shall be, without excluding other scientitic and 
classical studies, and including military tactics, to teach such 
branches of learning as are related to agricultural and n\echanic 
arts, in such manner as the Legislature may prescribe, in order to 
pron\ote the liberal and practical education of the industrial classes 
in tho several pursuits and professions in life; also further pro- 
viding that any State which may takethebenetitsof the provisions of 
the act, shall provide, within live years of the date of such act, at 
least one college, as described in the act, or the grant to the State 
to cease, and requiring the State, by its Legislature, to express its 
acceptance of the provisions of the act within two years after tho 
date of its approval. The latter provision has been carried out by 
the act of the last Legislature accepting the donation, but no 
steps were taken to carry into eilect the provisions rccpiiring the 
establishment of a college, and it is for you to take such action as 
will secure to our State the benefit of this valuable grant. 

This brief synopsis of the general features of the act of Con- 
gress, will enable you to understand more fully the position which 
this State, by the action of the last Legislature, occupies in 
reference to the subject. 

Pursuant to tho acceptance, and after being duly notified thereof, 
the Secretary of the Interior has placed in my hands land scrip 
for the location of four hundred and eighty thousand acres. There 
being no public lands within the limits of this State subject to private 



21 

entry, upon which said scrip can he properly located, it hecornes 
tlie duty of the General ABHembly to provide by law, for itw Bale 
and inveBtment of the proceeds thereof in Btocks, as contemplated 
and required by said act of Congress. There renriains but a 
little more than two years within which time the State munt com- 
ply with the provisions of the act, and to establish a college or col- 
leges for the purposes specified, or the grant, as to this State, is to 
cease. 

"i'lie Kliortriess of the time, the importance and magnitude 
of the enterprise, its (jffects upon the educational interests of the 
^tate, and the variety of great fjuestions involved, justify me in 
calling your special attention to the subject at this time, f there- 
f(;re advise that a commission be apjjointed, charged with the duty 
of carrying out the provisions of the act of (Jongress, under 
such safeguards as your wisdom may suggest and approve. No 
part of the fund arising from this grant can be ajjpropriated to the 
erection or repair of edifices or buildings, and it therefore becomcB 
necessary for the General Assembly to provide fV>r the same with- 
in the time limited by the act of Congress. Doubtless there are 
many localities within the State, which would undertake to furnish 
the requisite buildings and structures for such an institution with- 
out cost to the State, in consideration of the local benefits they may 
be supposed to derive from the same; and I, therefore, recommend 
that the ;.ppoiiitment of a commission, to locate said institution, be 
pro^■ided for by act of the General Assembly, and that the powers 
and duties of said commission be so specified and defined as to in- 
sure a due consideration of the best interests of the cause of indus- 
trial education, in its relation to the whole people of the State. 

At the fair of the State Agricultural Society, held during the 
month of SeptemHer last, this subject was ably discussed, by the 
farmers and mechanics present, at a series of conventions called for 
the purpose. The views and suggestions, will be submitted 
to you by the committee appointed at that time, together with the 
draft of a bill, embodying the views of tlie agricultural and me- 
chanical interests represented at said fair. The eminent qualifica- 
tions of the gentlemen composing this committee, for determining 
what would be to the best educational interests of the meclianical and 
agricultural classes, as well as tlie respectable and prominent stand- 
ing which they occupy in society, entitle their recommendations to 
your most favorable consideration. A committee, also representing 



22 

the views of the mechanics of Chicago, will hiy a cominuiiicatiou 
before you, whicli, with any other communications on the subject, 
will, 1 trust, receive your careful consideration. 

It is needless for me to add, that to this G-eneral Assembly is 
committed this great and sacred trust, in which not alone the pre- 
sent, l)ut i'uture generations uf this iState are deeply interested. If 
it is economically and wisely aduunistered, it will be a source of 
great blessings, and will reflect credit upon this General Assembly, 
upon whom has devolved the important responsibility of devising 
the best mode for carrying out the great purposes of its creation. 
There are other features of said act of Congress which should be 
responded to by legislation on the part of the General Assembly, 
but which need not be enumerated. The whole subject, freighted 
as it is with tbe most important ho])es and promises for tlie future 
of our young aiid growing State, I leave in your hands, trusting that 
in whatever may l)e done, the rights of the farmers and mechanics, 
for whose bonelit this muniflcent donation was nuide, will be fully 
regarded. 

A REGISTKY LAW. 

The elective franchise is a distinguishing feature of our republi- 
can system. The legislation of the country, its policy and its insti- 
tutions, are determined by the majority of the legal voters of the 
state or nation, and the mode of ascertaining that majority is by 
the ballots of the voters deposited in the ballot box. In the absewce 
of any guards or restrictions thrown around the ballot box, a fair 
expression of the will of the majority may be defeated by illegal 
voting. It is but too often the case that corrupting influences are 
brought to bear upon voters who, from merceiuxry considerations, or 
under political excitement, are led to vote oftener than they are en- 
titled, and who lack the recpiirements of age, residence, or other 
qualifications required by the constitution and laws. It is some- 
times the case that men who plead exemption from military service, 
and claim the protection of foreign governments in case of a draft, 
are yet among the first to claim and exercise the right of sufirage 
at the polls. Again, instances are known of unworthy citizens who 
go from place to place, casting their votes under assumed names, 
wherever, through the oversight or political connivance of the judges 
of the election, they can have them received. To prevent such 



J 



23 

practices, I recomincnd the passage of a stringent registry law, re- 
quiring the name of each voter to be recorded for a given number 
of days previous to such general election. The time should be 
suflticient to secure an investigation into the qualifications of the 
voter in every doubtful case. Laws of this character have been 
found to operate well and meet the approbation of men of all par- 
ties who desire to maintain the purity of the ballot box. 

BLACK LAWS. 

Of the black laws I have but little to say, except to recommend 
that you sweep them from the statute book with a swift, relentless 
hand. My opinion of tliem cannot be better expressed than in the 
language of a resolution, which as a member of the General Assem- 
bly in February, 1849, I had the honor in a feeble minority to ad- 
vocate, "declaring the laws of tlie State, applicable to negroes and 
mulattues, tyrannical, inicjuitous and o])pressive upon this weak, 
harmless and unfortunate class, and unbecoming the statutes of a 
free, magnanimous, enlightened and christian Tuition." They were 
originally enacted to gratify an uniustiliable])ublic prejudice against 
the friends of liberty, and an inhuman leeling towards a poor, un- 
fortunate class of our fellow citizens. They assumed a fact, which, 
to the honor of the Jeil'ersonian ordinance of 1787, never existed, 
that slavery did or could exist in the free state of Illinois. Section 9 
of these laws provides that "if any slave or servant shall be found 
ten miles from the tenement of his or her master 'without a pass, 
he may be punished with stripes not exceeding thirty-tive" — thus 
by the phraseology of the law recognizing the existence of the in- 
stitution of slavery within our borders and prescribing an infamous 
punishment. It is unconstitutional, as decided by the Supreme 
Court in this State, "in attempting to legislate upon the subject of 
the rendition of fugitive slaves to their masters, over which subject 
the court decides that Congress has supreme and exclusive power." 
It authorizes a system of slavery, by providing that every colored 
man who shall be found in this State "without having a certijicate 
of freedom,^'' shall be deemed a runaway dave or servant — "to be 
committed to the custody of the sheriff of the county, who shall ad- 
vertise him at the court house door," and "to hire him out for the 
best price he can get," "from month to month," "for the space of 
one year." Any law, thus placing any man, white or black, in the 
power of a purchaser, for money, is utterly inconsistent with the 



\ 



24: 

humanity of the age and the spirit of our free constitution. These 
laws are unconstitutional, because by the laws of many of our States 
free colored persons are citizens, and the constitution of the United 
States expressly provides that "the citizens of each State shall be 
entitled to all the privileges of citizens in the several States." 

An examination of the various provisions of these laws will sat- 
isfy this General Assembly of their inhumanity, and the humane 
and philanthropic will everywhere hail their repeal with joyful ac- 
clamations. 

In reply to those Mdio say that if these laws are repealed we shall 
have a large influx of free negroes into tliis State, I have to answer 
that the laws are now almoct a dead letter. Negroes are not 
kept out of the State by them, for it is only now and then, indeed 
a rare case, that a man can be found who is barbarian enough to in- 
sist upon the application of the penalties imposed by these laws. 
And upon the subject I cannot present my views better than by 
the following extract from my message of January 5th 1863. lie- 
ferring to the emancipation policy of the administration, I say : 

"I am sure of two things : First — that when slavery is removed, 
this rebellion will die out, and not before. Second — I believe and 
predict, and commit the prediction in this State paper to meet the 
verdict of my successors in office and of posterity, that the change 
brought about by the policy rf emancipation will pass off in a way 
so quietly and so easily, that the world will stand amazed that we 
should have entertained such fears of its evils. During the war, 
there will be necessarily some suffering among so many slaves 
thrown out of employment, and many, perhaps large numbers of 
them, will seek a temporary refuge in the free states, and every 
man who has a human heart wthin him, will treat them kindly ; 
but with the return of peace, the demand for labor in the south will 
be greatly increased, and there will be an exodus not only of these 
fugitives, but of the free colored population to the south. The de- 
mand for labor in the south will be greatly increased by the sub- 
division of large farms into numerous small ones, in the hands of a 
much larger number of owners ; also by the reclamation of immense 
regions of fertile country in all our southern states, waiting only 
the plastic touch of free labor, the settlement of which has been re- 
tarded by the existence of slavery, tending, as it always has, and 
necessarily always will, to discourage the immigration of free white 



25 

citizens. "No reasonable tears of competition with the free labor of 
the northern states need be entertained, because the emancipated 
slave will have protection and employment upon the soil which he t 
has heretofore cultivated in bondage. Emancipation does not in- 
crease the number of negroes by an additional one. There will not 
be a single acre of land less for cultivation, but a great deal more will 
probably be cultivated ; there will be the same and an increasing 
demand for the culture of cotton, tobacco, sugar, and rice, for which 
the negro is peculiarly adapted ; the southern climate will remain 
unchanged, congenial to his constitution ; and it is in the highest 
degree improbable that the negro will leave the state of his nativi" 
ty, where his labor is in demand, where he understands, better than 
any one else, the business to be done, and where the climate is adap- 
ted to him, to seek the cold climates of the north, to face the strong 
competition of northern, skilled free-labor, to encounter the preju 
dice against his color, and the pauperism and neglect which would 
meet him on every hand."' 

I will not say that legislatioM will not be necessary upon this sub- 
ject of the residence of free negroes in our midst ; but I will say, that 
whatever is necessar}'' should be free from political prejudice, 
having regard to the welfare of our own, free, white citizens, and, 
at the same time, marked with humanity and a due regard to that 
unfortunate class of our fellow beings whom Providence^ in its 
wise and inscrutible plans, has placed in our care. 

soldiers' voting. 

In my last message I recommended, in strong terms, the impor- 
tance and justice of an enactment extending to our citizen soldiers, , 
in the field, the right of suffrage, but no action was had upon the 
same. During the last two years the subject has been fully consid- 
ered and acted upon in many of the loyal States, and although the 
constitutions of the States have been framed without reference to 
a state of war, yet the subject has undergone the scrutiny of the 
highest judicial tribunals, and the right to take the votes of soldiers 
in the field has been clearly recognized. Laws passed for this pur- 
pose have been carried into operation and found to operate well, 
without any public injury. I can see nothing in our State consti- 
tution which prohibits the passage of such a law. Section 1, Art. 
6 of our State constitution, provides as follows: "In all elections. 



26 

every white male citizen, ulxn'e the age of tvveiitj-one years, hav- 
ing resided in the State one year next preceding any election, shall 
he entitled to vote at snch election ; and every white male inhabi- 
tant, of the acre aforesaid, who may be a resident at the time of the 
adoption of this constitntion, shall have the right of voting as 
aforesaid ; bnt no snch citizen or inhabitant shall be entitled to 
vote, exce])t in the district or county in which he shall actually reside 
at the time of such election."' It is evident, from this clause, that 
the elector cannot vote in any other ])recinct than that in which he 
actually resides. 

Section 4, Art. (! of the constitution of the United States, pro- 
vides that "JN^o elector shall be deemed to have lost his residence 
in this State by reason of his absence on the business of the Uni- 
ted States or of this State." 

Under this latter clause, a minister of the United States to a 
foreign court, though absent for years, is an actual resident of the 
district or county in which he resided at the time he left the coun- 
try, on his mission. The same ujay be said of the soldier who has 
left the county or district, because he is absent on the business of 
the United States, and therefore does not lose his residence. Now, 
is it reasonable to presume that the frameis of our constitution, 
while thus preserving the residence of the soldier, evitlently for 
the purpose of securing to him the right of suffrage, at the same 
time meant to jn-ohibit the Legislature from making any provision 
to enable him to exercise that right 'i While the elector is required 
" to vote in the district or county" in which he resides, it is not 
necessarily required that he is to bejiresent, in person, at the polls, 
and cast his vote. The object of the iVamers of the constitution 
was to preserve the purity of the ballot box, and to prevent the 
voter from voting more than once, or at more places than one, at 
the same election. The object evidently was, to provide that his 
vote should only be cast in the one district or county in which he re- 
sided. Now the constitution, and the object of its framers, are fully 
com])lied with, when the soldier has cast his vote in his district or 
county, whether he be present, and cast his vote there in person, 
or wliether the ballot is deposited there by his attorney, under the 
proper checks and restrictions — as to his qualifications of age, resi- 
dence, etc. — or whether his vote is taken in the field, in some mode 
to be provided by the Legislature, and deposited in the ballot box 
of the district or county in which he resides, as has been provided 



J 



27 

in the laws of several of the States. The following plan, with snch 
guards and details as will prevent frauds, is suggested, as a practica- 
ble way of effecting the object : The three field officers, or, in their 
absence, the three ranking officers of each regiment of infantry or 
cavalry, and three highest commissioned officers, or those actino-in 
their places, of each battery of artillery, or each company or squad- 
ron of infantry or cavalry on detached service, might be made the 
inspectors of the election, with power to appoint the proper person 
clerk of the election, so that the vote may be taken on the day fixed 
by the constitution. 

There is no way of reaching the case by amendment to the con- 
stitution, without disfranchising the soldier for at least two years 
to come, for the constitution requires that two-thirds of the General 
Assembly shall recommend to the people to vote for or against 
calling a convention to amend the constitution, at the next regular 
election of members of the General Assembly, and that the General 
Assembly thus elected shall, within three months, call an election 
for members to the convention. It would require a still longer 
time to reach the object under the clause which provides for amend- 
ment by submitting it as a single proposition. It is therefore plain 
that if this General Assembly fails to pass a law authorizing our 
soldiers to vote, these gallant defenders of our homes and liberties 
must be disfranchised for over two years to come. 

I recommend therefore to you, as one of your first acts, the pas- 
sage of a law providing for taking the votes of our soldiers in the 
field. Indeed, I will say, decorously however, that failure to pro- 
tect the rights of the noble men who have left business and prop- 
erty, home and kindred, to preserve to you the enjoyment of this 
same peaceful right of suffrage, together with all other rights you 
hold dear, would subject you to the charge of being unfaithful ser- 
vants to your country. The soldiers are citizens ; they are the 
people of the country ; their persons, their families, their property, 
their rights are as deeply affected by the legislation of the country 
as those of the citizens who remain at home, in the quiet enjoy- 
ment of peace and safety. If the soldier is not worthy to vote, 
who is ? If he who bares his breast to the storm of battle, and 
bears aloft our fiag, against the hordes who are madly striving to 
tear down our magnificent temple of constitutional liberty ; if he 
shall have no voice in selecting his rulers, who shall? Therefore 
let this General Assembly signalize its patriotism by this act of 



28 

prompt and necessary justice to the gallant citizen soldier of the 
State. 

I would suggest to the General Assembly that, while I do not 
anticipate an unfavorable decision of the Su])reme Court upon an 
enactment to be passed securing the right of suffrage to the soldiers, 
yet, in view of any such contingency, proper action should be taken 
for amendment to the constitution, as the next only mode of secur- 
ing the object. 

WAR RECORD OF ILLINOIS. 
CONDUCT OF THE WAR. 

Appreciating, before the first gun was fired at Sumter, the deter- 
mination of treasonable political leaders to inaugurate rebe.lion, 
and, when war was actually made against the government, the 
great preparation made by them for revolt, and the magnitude of 
the struggle we would be compelled to pass through, I earnestly 
insisted upon and urged more extensive preparation for the prose- 
cution of the war. The conciliatory policy which looked towards 
avoiding a bitter struggle, by appeals to the loyal sentiment of the 
southern States, and the justification in the ultimate rigid prosecu- 
tion of war, should that fail ; thus placing the government in a 
consistent and peaceful attitude toward foreign nations, and estab- 
lishino-, by long forbearance, the disposition of one section, in the 
majority and in power, to concede and allay the animosities of the 
other section, in the minority, and defeated at the ballot-box; also, 
that if the struggle endangered the existence of the government and 
Union under our old constitution, that the President, as comman- 
der-in-chief of the armies and navy of the Kepublic, would be 
justified by the civilized world, and by the trust reposed in him, 
in waging war, even to the destruction of institutions which endan- 
gered the peace of all other nations, and which foreign powers 
admit, and the majority of our own people had declared, as sub- 
versive of the constitution, and dangerous to the existence of the 
Union. These views are perhaps sound in theory, and may ulti- 
mately redound to our credit in historic pages; but I never alto- 
gether sympathized with the policy. The events of the war, and 
revolutions in public sentiment, have sustained the warnings given 
in the early days of ?-p3n treason, and my position taken at the firs 



29 

declaration of secession and war: ''''that secession was disunion; 
that to concede to one State the right to release her people from the 
duties and obligations belonging to their citizenship, and yon would, 
by that act, annihilate the sovereignty of the Union, by prostrat- 
ing its ability to secure allegiance ; " also, that the violation of 
law, and a defiance of the authority and power of the General 
Government, however small, demanded the immediate punishment 
of the offenders, and the complete vindication of national integ- 
rity ; and that the President should immediately employ iheiohole 
material of the govermnent, moral, political and physical, if need 
be, to preserve, protect and defend the constitution of the United 
States. 

After the war had progressed a year, and the mild measures 
which were still persistently advocated by many friends of the 
administration, and with all the evidence, on the part of the rebels, 
for complete preparation and determination to wage a long and 
desperate war against the government, I sent the President the 
following dispatch : 

ExECDTivE Department, Springfield, Illinois, July Wth, 1862. 
President Lincoln, Washington, D. C: 

The crisis of the war and our national existence is upon us. The time has come for the 
adoption of more decisive measures. Greater vigor and earnestness must be infused into 
our military movements. Blows must be struck at the vital parts of the rebellion. The 
government should employ every available means compatible with the rules of warfare to 
subject the traitors. Summon to the standard of the Republic all men willing to fight for 
the Union. Let loyalty, and that alone, be the dividing line between the nation and its 
foes. Generals should not be permitted to fritter away the sinews of our brave men in 
guarding the property of traitors, and in driving back into their hands loyal blacks, who 
offer us their labor, and seek shelter beneath the federal flag. ShaH we sit supinely by, 
aud see the war sweep off the youth and strength of the land, and refuse aid from that 
class of men, who are at least worthy foes of traitors and the murderers of our govern- 
ment and of our children? 

Our armies should be directed to forage on the enemy, and to cease paying traitors and 
their abettors exorbitant exactions for food needed by the sick or hungry soldier. Mild 
and conciliatory means have been tried in vain to recall the rebels to their allegiance. 
The conservative policy has utterly failed to reduce traitors to obedience, and to restore 
the supremacy of the laws. They have, by means of sweeping conscriptions, gathered in 
countless hordes, and threaten to beat back and overwhelm the armies of the Union. 
With blood and treason in their hearts^ they flaunt the black flag of rebellion in the face 
of the government, and threaten to butcher our brave and loyal armies with foreign bay- 
onets. They arm negroes and merciless savages in their behalf. 

Mr. Lincoln, the crisis demands greater and sterner measures. Proclaim anew the good 
old motto of the Republic, "Liberty and Union, now and forever, one and inseparable," 
and accept the services of all loyal men, and it will be in your power to stamp armies out 
of the earth — irresistible armies, that will bear our banners to certain victory. 

In any event, Illinois, already alive witb at of drum, and resounding with the tramp 



kl 



30 

recruits, will respond to your cull. Adopt this policy, and she will leap like a 
uitming giant into the fight. 

This policy for the conduct ol the war will render foreign intervention impossible, and 
the arms of the Republic invincible. It will bring the conflict to a speedy close, and 
secure peace on a permanent basis. 

RICHARD YATES, 

Governor of Illinois. 

Impressed with these views, and the necessity of each State 
giving immediate and tlie most practical support to the govern- 
ment, and inspired by the unparalleled enthusiasm of the people 
of Illinois, I asked that millions should be armed where the gov- 
ernment asked, in limited calls, only for a few hundred thousand 
men. Bull Kun, Carthage, Wilson's Creek, and the attitude of 
Kentucky and Missouri, painfully demonstrated the inadequacy of 
preparation on the part of the government for the crisis ; and had 
it not been for the overpowering uprising of the people of the free 
S.ates, and their loyal and determined expression to take the war 
in their own hands, we might have had enacted on our own soil 
the scenes which have desolated border States, and the country 
involved in a strife for a period and in bitterness far exceeding the 
darkest periods we have passed in the last three years. 

Before the battle of Bull liun, and before important points being 
occupied by rebel troops — after consultation with the Governors of 
the loyal States, and with distinguished citizens of Illinois, who, as 
commanding generals, have led our gallant soldiers to brilliant victo- 
ries — I recommended the occupation of New Orleans, Memphis, 
Columbus, and commanding positions on the Cumberland and 
Tennessee rivers, by United States regular troops ; thus obviating 
the necessity of arraying sections against each other by the employ- 
ment of a volunteer army, and plainly foreshadowing the determi 
nation of the government to Urmly resist and punish violations of 
law, -and overwhelm the presumptuous insolence of rebel leaders 
in the act of inaugurating rebellion in the States. These aflbrts 
were unavailing ; and the government was afterward compelled to 
occupy these important positions by larger armies of volunteer 
troops, and at fearful sacrilice of life, and expenditure of millions 
of dollars. The conciliatory policy, so destructive to our interests 
in the west, entered largely into the <^»rganization of the army 
formed for the defense of the national capital, and offensive opera- 
tions in Virginia ; and we had the lamentable picture of the Gene- 
ral chosen to chief cemmand issuing orders that slaves discovered 



31 



in making war for the government against tlieir rebellious masters 
Bhould be put down with an iron harui, and one temporizing Gov- 
ernor of Missouri pronouncing the act of the President, in callin- 
lor a detachment of militia to enforce the national authority" 
"illegal, unconstitutional, revolutionary, inhuman, diabolical, and 
cannot be complicHl with." Another replied that " Kentucky will 
iurnish no troops f >r the wicked purpose of subduing her sirte^ 
so, thern States;" and '^Tennessee will not furnish a single man 
101 coercion." 

Kid glove in civil council, and kid glove and warm sympathy 
lor our erring southern brethren" in the organixation of ^he n 
eastern army, made service there distasteful to western volunteers • 
and this sentiment impressed me with the importance of securiii'^ 
the close consolidation of our State forces at the commencement ol" 
the war; and, as far as it was consistent or possible f,r me to do 
so I secured the intimate association of all our regiments in brig- 
ade and division organizations in the £eld. Tbi. also facilitate^d 
the convenient distribution of supplies then issued by the State for 
theGeneral Government; provided the earliest relief possible to 
the largest number, after long marclies and severe engagements; 
aliorded the easiest and cheapest transit of sanitary supplies to lield 
and general hospitals; and concentrated our contingents to the na 
tional army in corps designed for campaigns through territory famif 
lar to both officers and men, and in which they would more speedily 
develop their genius for military life, and render the most efficient 
and practical service to the government. It was natural to presume 
that our young men who passed their early days in States south of 
the Ohio, and deplored the dedication of their old homesteads and 
associations to the cause of rebellion; and that the immigrant from 
New England, the Middle States, and' Europe, dwellin;. upon our 
tertile i)rairies, and growing rich and independent from the produces 
of free labor, would recognize the importance and more zealouslv 
prosecute the reconquest of the valley of the Mississippi and the 
control of its great river-cur natural outlet to the ocean, so vital 
to the success of our enemies, and so necessarv to the protection 
of our local interests, and the integrity of the Union-and that 
our whole people would sympathize with and sustain efforts to thus 
gather and nnite the whole strength of the State in solid force 
against treason, and for the restoration of the national unitv per- 
fect in all its parts. " ' 



32 

Belmont, Doiielson, Island No. 10, Shiloh, Corinth, Parker s 
Cross Roads, Port Gibson, Raymond, Champion Hills, Black 
River, Siege of Yicksbnrg, Perryville, Stone River, Chickamanga, 
Lookout Mountain, Atlanta, Franklin, Nashville, and the triumphal 
march of Sherman, speak in thunder tones of the consolidated 
efforts ot Illinois, vieing with the volunteers of other States in 
battling for the Union. 

"We have lost thousands of our best men, and whole regiments 
and batteries, in the conflicts of this fearful war; but we have not 
to deplore the decimation of the ranks of gallant regiments, led by 
timid and halting generals on fruitless and purposeless campaigns, 
prosecuted without skill or vigor, and with the deplorable morale of 
a fear to punish traitors not actually in arms, and the employment 
of the best strength of their armies in protecting rebel property. 

The following exhibits the quotas of the State under respective 
calls since commencement of the war, and the number of men 
furnished to the national armies to the present time : 

Our quota, under calls of the President 

In 1861, was 47,785 

In 18C.2, " 32,685 

In 1863, " 64,630 

In 1864, " 52,260 

Total quotas under all calls prior to Dec. 1, 1804 197,360 

During the years 1861, 1862, and to the 18th day of October, 
1863, the State, by voluntary enlistment, had exceeded its quota 
under all calls. Prior to that date settlements had not been made 
with the War Department, because of the voluntary action of our 
people in meeting the requirements of the country and their per- 
sistence in organizing, with unparalleled enthusiasm and determi- 
nation, a larger number of regiments and batteries than the actual 
quotas under each levy called for. Prior to 17th October, 1863, 
the State had furnished and been credited with one hundred and 
twenty-five thousand three hundred and twenty-one (125,321) men 
—a surplus of eight thousand one hundred and fifty-one (8,161) 
over all other calls, to be credited to our quota for that call, and 
which reduced it to 19,779 men ; and we claimed, besides, other 
credits, which could not be fully adjusted because of imperfect 
record of citizens (and in some cases whole companies of Illinoisans) 



33 

who had entered the service in reghnents of otlier States, at times 
when our quotas on special calls were full, and because of which I 
was compelled to decline their services. Six thousand and thirty, 
two (0,033) citizens of Illinois prior to that date had been enlisted 
in Missouri regiments, and residents of Missouri had enlisted and 
been mustered in Illinois regiments, which left a credit, as between 
the States, in favor of Illinois of 4,373- men. 

After adjustment of credit of 125,321, at and prior to October, 

1863, it was ascertained we were entitled to an additional credit of 
10,947, which increased the number enrolled in our own regiinents, 
and for which we were entitled to credit prior to that call, to 130,- 
268 — leaving the whole account, at that date, thus : 

Quotas under all calls to October, 1863 145,100 

Credits for enlistments in Illinois regiments 136,268 

Balance in Missouri regiments 4,373 

140,641 

Balance due the government 4,459 

At this time there was a claim made by the State for volunteers 
previously furnished, which would more than account for the bal- 
ance against us of 4,459. This adjustment was made in Febritarv, 

1864, and was exclusive of old regiments re-enlisti7ig as veterann^ 
and disclosed the fact that at the time the first draft was ordered, 
viz : January Ist, 1864, under the call of October, 1863, Illinois 
had exceeded her quota, and, by the voluntarily demonstrated 
patriotism of her people, was free from draft. 

The unadjusted balances of the State claimed as above were 
allowed in the settlement made with the War Department, in 
August last. 

Between the first day of October, 1863, and the first day of 
December, 1864, we have furnished and received additional credits 
for fifty -five thousand six hundred and nineteen (55.619) men 
which, added to credit of 140,641 to October 1, 1863, makes 197,- 
260 men, which leaves our whole account thus : 

Quotas of the State under all calls prior to Dec. 1, 1864. . .197,360 
Total credits for three years volunteers, drafted men and 

substitutes to Dec. 1, 1864 197,260 

Balance due the government Dec. 1, 1864 100 

—4 — 



34 

The deficit of one hundred men has been more than balanced by 
enlistments during the month of December, 1864. 

Of the entire quota of one hundred and ninety-seven thousand 
three hundred and sixty (197,360) men, we have furnished one 
hundred and nineiy-f(mr thousand one hundred and ninety -eight 
(194,198) volunteers and three thousand and sixtytioo (3,062) 
drafted men — organized as follows : 

138 regiments and one battalion of infantry. 
17 regiments of cavalry. 
2 regiments and 8 batteries of artillery. 

ONE HUNDRED DAY TROOPS. 

In addition to the foregoing the State has furnished thirteen (13) 
regiments and two companies of one hundred day volunteers, the 
following being the numerical designation, name of commanding 
ojfficer and strength of each : 



No. of 
regiment. 



132 
133 
134 
135 
136 
13*7 
138 
139 
140 
141 
142 
143 
145 



Commanding Officer. 



Col. Thomas J. Pickett 

" Thaddeua Phillips 

" Walter W. McChesney 

" John S. Wolfe 

" Frederick A. Johns 

" John Wood 

" John W. Goodwin 

" Peter Davidson 

" Lorenzo H. Whitney 

" Stephen Bronson 

" Rollin V. Anknev 

" Dudley C. Smith! 

" George W. Lackey 

Capt. Simon J. Stookey, (Alton battalion — two companies) 

Total 



Aggregate 



853 
851 
878 
855 
842 
849 
835 
878 
871 
842 
851 
865 
877 
181 



11,328 



After the fall of Yicksburg, in 1863, and General Sherman's raid 
into- Mississippi, Georgia and Alabama, active military operations 
were transferred from the Mississippi to Eastern Tennessee and 
Georgia. The forces of the enemy, during the winter of 1863-4, 
were being largely increased and carefully prepared for a desperate 
spring and summer campaign, east and west, and in April he had 
concentrated his- strength for offensive operations in Virginia and 
Georgia, or, in the event of our advance, for the most determined 



35 

and bitter resistance. To hold the vast extent of country wrested 
from the enemy, embracing many States and territories, many 
thousand miles of sea coast, the whole lengtli of the Mississippi, 
and most of her tributaries, and protect our long lines of sea and 
river coast and rail communication, required an iimnense stationary 
force. The towns and cities surrounding strongholds, posts and 
garrisons, situated in the midst of a doubtful and in most part dis- 
loyal population, required too great a portion of our large army for 
their protection and defense. In view of these circumstances, and 
of the palpable evidence which surrounded us that the battles about 
to be fought in Virginia by the army under direct supervision of 
Lieutenant-General. Grant, and in Georgia under General Sherman, 
would doubtless decide the fate of the country, the Governors of 
the Northwestern. States believed that the efficiency of the army 
and the prospects of crowning victories to the national arms would 
be greatly increased; by a volunteer force, immediately raised, and 
which should occupy the points already taken and relieve our vet- 
eran troops, and send them forward to join the main army soon to 
engage the effective forces of the enemy. I therefore, in connection 
with Governors Brough of Ohio, Morton of Indiana, and Stone of ^ 
Iowa, offered the President infantry troops for one hundred days' 
service, to be organized under regulations of the War Department, 
and to be clothed, equipped, armed, subsisted, transported and paid 
as other United States infantry volunteers, and to serve in fortifi- 
cations wherever their services might be required, within or with- 
out the State. There being no law authorizing it, no bounty could 
be paid or the service credited on any draft. Our quota offered 
was 20,000 men, which was a fair proportion to the aggregate 
number (85,000) to be made up by all of said States. 

Our regiments, under this call, performed indispensable and in- 
valuable services in Kentucky, Tennessee and Missouri, relieving 
garrisons of veteran troops, who were sent to the front, took part 
in the Atlanta campaign, several of them, also composing a part^ 
of that glorious army that has penetrated the very vitals of the re- 
bellion, and plucked some of the brightest laurels that this heroic 
age has woven for the patriot soldier. Five of our one hundred 
days regiments, after their turn of service had expired, voluntarily 
extended their engagement with the government, and marched to 
the relief of the gallant and able Kosecrans, who, at the head of 



36 

an inadequate and poorly appointed army, was contending against 
i'earful odds for the preservation of St. Louis and the safety ol" 
Missouri. The ofHcers and soldiers of these regiments evinced 
the highest soldierly qualities, and fully sustained the proud record 
our veterans have ever maintained in the Held — and the State and 
country owe them lasting gratitude, and we have, in a great degree, 
to attribute our successes in Virginia and Georgia to the timely or- 
ganization and efficient services of the one hundred day volunteers, 
furnished by all of said States. The President has, by order, re- 
turned theni the thanks of the government and the nation for the 
service thus rendered, and accords the full measure of praise to 
them, as our supporters and defenders in the rear, to which the reg- 
ular reserve force of large armies are always entitled. 

RECRUITING SERVICE. 

The General Government has aimed to divide the burden of 
supplying troops for the natioiuil army equally between the loya^ 
States, and, according to the best information attainable, I believe 
the States have responded fully. To husband the resources of the 
State, in its number of arms-bearing men, I have thrown every 
guard possible around the recruiting system. In 1861, by proc- 
lamation, issued in July, I forbade the recruitment of volunteers 
in Illinois for the regiments of other States, and discouraged 
our citizens from leaving the State to join the organizations of 
others — but in that year was partially unsuccessful, because of the 
small number of regiments accepted in proportion to the very 
larire number of our cirizens who tendered their services. Dili- 
srent efforts were made to trace out organizations and individuals 
who left the State under these circumstaiK-es, and the records in 
the Adjutant General's office exhibit our success in reclaiming sev- 
eral whole regiments, and nearly 10,000 men, distributed through 
various regiments of Missouri and other sister States. 

In 1861 and 1862 a few arrests were made for violation of the 
order, and parties guilty, upon eiin-endering the recruits, were dis- 
missed, upon obligation to observe the prohibition in future. In 
1863 there was no marked violation of the regulation ; but, in 1864, 
when the emergencies and casualties of the service demanded the 
reinforcement and large increase of the army, many of the States 
became almost exhausted in number of citizens who could volunta- 



.4 



3T 

rily offer their services to the country ; and, to protect their agricuL 
tural, manufacturing and other industrial interests, their legisla. 
tures had provided, by law, for the payment of large bounties, from 
their State treasuries, and authorized towns and counties also to 
pay bounties, and to levy a tax to provide for the same — thus afford- 
ing additional inducements (to residents of other States, not ma- 
king such provisions,) to the general l)ounty and pre»nium provided 
by laws of Congress. 

The enrollment act of last Congress also provided for enlistment 
of volunteer recruits in insurrectionary districts, and pi'ovided for 
the appointment, by Governors of the respective States, of agents 
to recruit there, at State expense, and that volunteers, thus en- 
listed, should be credited to the cpiota of the town, township, 
ward of a city, precinct, or election district of a county procuring 
them. 

As there was no State law for, or appropriation made, from which 
to pay the expenses of this system, I was unable to employ agents 
to recruit for the State; but in my proclamation of August 9th, 
1864, announcing the quotas and credits to July 18th, 1861:, and 
calling upon the people to fill our quota by volunteering, this sys- 
tem was fully presented, and towns, cities and districts invited, at 
their own expense, to avail themselves of the piiviieges of the law 
and orders of the war department, made in pursuance thereof, to 
meet delinquencies of past calls, or to lill up their quotas under 
call of July 18th, 1864, then pending. A very small number had 
agents appointed, but, I believe, without practical results — the in- 
ducements they were enabled to offer being inferior to those pre- 
sented by agents of other States. 

To provide against the enlistment of citizens of this State, or 
persons, white and colored, who had taken refuge herefrom States 
or districts in rebellion, in the regiments, or to bo used as the con- 
tribution of wealthy counties or localities of other States, which 
would result in increasing the burdens of war (either in men or 
dollars) upon our citizens, I deemed it proi)er to issue the following 
proclamation : 

EXECUTIVE OFFICE, \ 

Springkield, Illinois, August 6, 1864. I' 

It is hereby ordered that no recruiting for companies or regiments of other States 
shiiU be permitted in this State. 

All recruiting olliceis or agents for other States, and the agent orultorneys of coin- 



38 



paaies organized to procure substitutes for persons drafted in other States, are hereby 
peremptorily forbidden to recruit or enlist volunteers or substitutes within tins State 
during the war. 

This order shall apply to all residents or citizens of Illinois, as well as the citizens 
of other States, recruiting within this State for regiments of other States. 

All recruiting agents for Illinois regiments, Frovost Marshals, and loyal citizens are 
requested to give notice of any violation of this order, that oftenders may be arrested 
and punished, and the objects designed by this linntation to reeruaiug ent.rely accom- 
plished. 

Iltinois has heretofore promptly responded to all calls for volunteers, and it behooves 
every -ood citizen to contribute every reasonable influence to sustain our veieran 
regiments, which have so honored the State in efforts to sustain the Union, and I earn 
estly entreat all citizens who desire to enter the military service of the country to 
ioin Illinois regiments only. As our brave boys have struggled to give our State its 
proud position, let us eschew all selfish inducements (presented by other btatee) and 
generously sustain them and our veteran organizations in the field. 

RICHARD YATES, Governor. 

Besides enforcing the view that the State sliould not be called 
npon or allowed to furnish more than her (pota, I was impelled to 
insist upon her husbanding our resources for the future demands ot 
the country ; also by a desire to have our entire quota assigned to 
our old regiments, that they might, without consolidation, retain 
their names and organizations -rendered illustrious by gallant 
deeds on scores of battle fields-and in justice to tried oftcers, 
who could not be promoted until their companies and regiments 
were full; and because of the immediate effectiveness of new re- 
cruits, in veteran organizations, under experienced officers. I am 
Mad to state that the Secretary of War issued orders to the United 
States officers, on duty in this State, to enforce the provisions of 
the order. 

In prompt support of the government at home, and in response 
to calls for troops, the State stands pre-eminently in the lead 
amon- her loyal sisters; and every click of the telegraph heralds 
the perseverance of Illinois Generals and the indomitable courage 
and bravery of Illinois sons, in every engagement of the war. 
Our State has furnished a very large contingent to the lighting 
strength of our National army. In the west, the history ot the 
war is brilliant with recitations of the skill and prowess of our 
-reneral iield, staff and line officers, and hundreds of Illinois boys 
Tu the rknks are specially singled out and commended by Generals 
(Irant, Sherman, and otlier Generals of this and other States, for 
their noble deeds and manly daring on hotly contested fields. 



39 

One gallant Illinois boy is mentioned as being the first to plant the 
stars and stripes at Donelson ; another, at a critical moment, anti- 
cipates the commands of a superior officer, in hurrying forward an 
ammunition train, and supervising hand grenades, by cutting short 
the fuses of heavy shell, and hurling them, with his own hands, in 
front of an assaulting column, into a strong redoubt at Vicksburg; 
and the tiles of my office and those of the Adjutant General are 
full of letters mentioning for promotion hundreds of private sol- 
diers, who have, on every field of the war, distinguished themselves 
by personal gallantry, at trying and critical periods. The list of 
promotions from the field and staff of our regiments to Lieutenant 
and Major Generals, for gallant conduct and the prerequisites for 
efficient and successful command, compare brilliantly with the 
names supplied by all other States, and is positive proof of the 
wisdom of the Government in conferring honors and responsibili- 
ties ; and the patient, vigilant and tenacious record made by our 
veteran regiments, in the camp, on the march and in the field, is 
made a subject of praise by the whole country, and will be the 
theme for poets and historians of all lands, for all time. 

Prominent among the many distinguished names who have 
borne their early commissions from Illinois, I refer, with special 
pride, to the character and priceless services to the country of 
Ulysses S. Grant. In April, 1861, he tendered his personal servi- 
ces to me, saying " that he had been the recipient of a military ed- 
ucation at West Point, and that now, when the country wa-s in- 
volved in a war for its preservation and safety, he thought it his 
duty to offer his services in defense of the Union, and that he would 
esteem it a privilege to be assigned to any position where he could 
be useful." The plain, straight forward demeanor of the man, and 
the modesty and earnestness which characterized his offer of assist- 
ance, at once awakened a lively interest in him, and impressed me 
with a desire to secure his counsel for the benefit of volunteer 
organizations then forming for government service. At first, I 
assigned him a desk in the Executive office ; and his familiarity 
with military organization and regulations made him an invaluable 
assistant in my own and the office of the Adjutant General. Soon 
his admirable qualities as a military commander became apparent, 
and I assigned him to command of the camps of organization at 
" Camp Yates," Springfield, " Camp Grant," Mattoon, and "Camp 
Douglas," at Anna, Union county, at which the 7th, 8th, 9th, 10th, 



40 

lull, 12th, I8th, 19th and Slst regiments of Illinois volunteers, 
raised under the call of the President, of the 15th of April, and 
under the "Ten Regiment Bill," of the extraordinary session of 
the Legislature, convened April 23d, 1861, were rendezvoused. 
His employment had special reference to the organization and mus- 
ter of these forces — the first six into United States, and the last 
three into the State service. This was accomplished about the 
tenth day of May, 1801, at which time he left the State for a brief 
period, on a visit to his father, at Covington, Kentucky. 

The 21st regiment of Illinois volunteers, raised in Macon, Cum- 
berland, Piatt, Douglas, Moultrie, Edgar, Clay, Clark, Crawford 
and Jasper counties, for thirty-day State service, organized at the 
camp at Mattoon, preparatory to three years' service for the gov- 
ernment, had become very much demoralized, under the thirty 
daj's' experiment, and doubts arose in relation to their acceptance 
for a longer period. I was much perplexed to find an efiicient and 
experienced ofiicer to take command of the regiment and take it 
into the three years' service. I ordered the regiment to Camp 
Yates, and after consulting Hon. Jesse K. Dubois, who had many 
friends in the regiment, and Col. John S. Loomis, Assistant Adju- 
tant General, who was at the time in charge of the Adjutant Gen- 
eral's oflice, and on terms of personal intimacy with Grant, I de- 
cided to offer the command to him, and accordingly telegraphed 
Captain Grant, at Covington, Kentucky, tendering him the Colo- 
nelcy. He immediately reported, accepting the commission, 
taking rank as Colonel of that regiment from the 15tli day of June, 
1861. Thirty days previous to that time the regiment numbered 
over one thousand men, but in consequence of laxity in discipline 
of the first commanding officer, and other discouraging obstacles 
connected with the acceptance of troops at that time, but six hun- 
dred and three men were found willing to enter the three years' 
service. In less than ten days Col. Grant filled the regiment to 
the maximum standard, and brought it to a state of discipline sel- 
dom attained in the volunteer service, in so short a time. His was 
the only regiment that left the camp of organization on foot. He 
marched from Springfield to the Illinois river, but, in an emergency 
requiring troops to operate against Missouri rebels, the regiment 
was transported by rail to Quincy, and Col. Grant was assigned to 
command for the protection of the Quincy and Palmyra, and Han- 



41 

nibal and St. Joseph railroads. ITe soon distinguished liimself as 
a regimental commander, in the field, and his claims for increased 
rank were recognized by his friends in Springfield, and his promo- 
tion insisted upon, before his merits and services were fairly un- 
derstood at Washington. His promotion was made upon the 
ground of his military education, fifteen years' services as a Lieu- 
tenant and Captain in the regular army, (during which time he was 
distinguished in the Mexican war,) his great success in organizing 
and disciplining his regiment, and for his energetic and vigorous 
prosecution of the campaign in North Missouri, and the earnestness 
with which he entered into the great work of waging war against 
the traitorous enemies of his country. His first great battle was at 
Belmont, an engagement which became necessary to protect our 
Southwestern army in Missouri from overwhelmmg forces being 
rapidly consolidated against it from Arkansas-, Teimessee and Co- 
lumbus, Kentucky. The struggle was a desperate one, but the 
tenacity and soldierly qualities of Grant and his invincible little 
army, gave us the first practical victory in the west. The balance 
of his shining record is indelibly written in the history of Henry, 
Donelson, Shiloh, Corinth, Yicksburg. Chattanooga, The "Wilder- 
ness, siege of Richmond, and the intricate and difficult command 
as Lieutenant General of the armies of the Union — written in the 
blood and sacrifices of the heroic braves who have fallen, following 
him to glorious victory — written upon the hearts and memories of 
the loyal millions who are at the hearth-stones of our gallant and 
unconquerable " Boys in Blue." The impress of his genius stamps 
our armies, from one end of the Kepublic to the other ; and the 
secret of his success in executing his plans, is in the love, enthusi- 
asm and confidence he inspires in the soldier in the ranks, the 
harmony and respect of his subordinate officers, his own respect 
for and deference to the wishes and commands of the President, 
and his sympathy with the government in its war policy. 

As evidence of the materials of the State of Illinois for war pur- 
poses, at the beginning of the war, and a pleasing incident of 
Grant's career, I refer to an article in a Yicksburg paper, the 
"Weekly Sun," of May 13th, 1861, which ridicnles our enfeebled 
and unprepared condition, and says: "An official report made to 
Governor Yates, of Illinois, by one Captain Grant, says that after 
examining all the State armories he finds the muskets amount to 
just nine hundred and four, and of them only sixty in serviceable 



42 

condition." Now the name of that man, who was looking up the 
rusty mnskets in Illinois, is glory- crowned with shining victories, 
and will fill thousands of history's brightest pages to the end of 
time. I know well the secret of his power, for afterwards, when I 
saw him at head quarters, upon the march, and on the battle lield, 
in his plain, thread-bare uniform, modest in his deportment, careful 
of the wants of the humblest soldier, personally inspecting all the 
dispositions and divisions of his army, calm and courageous amidst 
the most destructive fire of the enemy, it was evident that he had 
the confidence of every man, from the highest officer down to the 
humblest drummer boy in his whole command. His Generalship 
rivals that of Alexander and Napoleon, and his armies eclipse those 
of Greece and Rome, in their proudest days of imperial grandeur. 
He is a gift of the Almighty Father to THE NATION, in its ex- 
tremity, and he has won his way to the exalted position he occupies 
through his own great perseverance, skill and indomitable bravery, 
and it is inexcusably vain for any man to claim that he has made 
Grant, or that he has given Grant to the country, or that he can 
control his great genius and deeds for the private ends of selfish 
and corrupt political ambition. 

WAR EXPENDITURES. 

The inability of the government to clothe, arm, subsist, trans- 
port and pay the first quota of troops, devolved upon the State ex- 
tensive expenditures. 

The Legislature, specially convened in April, 1861, provided for 
supplying troops raised under the first calls, and passed laws au- 
thorising the issuing of bonds to defray war expenses, and the ap- 
pointment of a Board of Army Officers, to audit accounts. This 
board were governed by the provisions of the State law in adjust- 
ing war claims, and, upon their recommendation, approved by the 
Governor, the Auditor issued warrants on the Treasurer to claim- 
ants. The ditiiculty of getting accounts of the State adjusted, and 
reimbursements from the United States, created the necessity of 
frequent journeys to Washington, by myself and agents, as it was 
found impossible, in the immense pressure upon the departments, 
to accomplish much without persistent personal application. It was 
at length found necessary to adopt the plan of other States, and 
appoint a State agent there. Hon. Thos. H. Campbell, formerly State 



43 

Auditor, was appointed, and gave, constant attention to the settle- 
ment of the State accounts, up to the time of his death. After- 
wards, Hon. James C. Conkling was employed to go to Washington 
and press the settlement of our accounts, and succeeded in procur- 
ing payment of sufficient sums to relieve the Treasurer from the 
pressui-e of claimants holding warrants on the war fund. But owing 
to the immense pressure of business upon the Treasury Depart- 
ment, and difficulties experienced in making satisfactory explana- 
tions of accounts suspended and disallowed, he found it impossi- 
ble, at the time of his last visit, to secure a final adjustment of our 
claims. 

In March, 1864, I sent Col. John S. Loomis, who had been con- 
nected with the State Department from the commencement of the 
war — first as Assistant Adjutant General, and recently, as my prin- 
cipal Aid-de-Camp — to Washington, with instructions to urge final 
adjustment of all our accounts. His extensive acquaintance with 
the origin and history of our military organization and contract- 
ing and settlement of war claims, enabled him to make full expla- 
nation of our vouchers, and prosecute appeals from what was con- 
sidered erroneous decisions of adjusting officers of the Treasury, 
in disallowing and suspending a part of our claims. He was ac- 
companied by Gen. John Wood, Quartermaster General of the 
State, whose services were required to aid settlement of the class 
of claims originating in his department. From the report of Col. 
Loomis, and copies of his appeals on suspended and disallowed ac- 
counts, herewith transmitted, it will be seen that the claims of the 
State against the government, filed in the Treasury Department, 
for war expenses, amounted to three millions eight hundred and 
twelve thousand five hundred and twenty-five dollars and fifty-four 
cents ($3,812,525 54) ; of which amount there has been allowed, 
on various settlements with the Third Auditor, three millions seven 
hundred and twenty-six thousand seven hundred and ninety-two 
dollars and eighty-seven cents ($3,720,T92 87) ; leaving a difference 
between the claims and allowances, in that department, of eighty- 
five thousand seven hundred and thirty-two dollars and sixty-seven 
cents ($85,Y32 67) suspended and disallowed, because, in the opin- 
ion of the said Auditor the law did not sufficiently provide for 
them. Of the amount allowed by the Third Auditor, and passed 
to the Second Comptroller of the Treasury, it will also be seen, 
that the Comptroller suspended nearly all of our State claims upon 



ground of insuflicicncy of voucliers, but which decision, upon the 
appeal of CoL Loouiis, the Secretary of the Treasury reversed, 
ami ordered a settlement of the accounts. An appeal was also 
taken upon tlio suspension and disallowiDent of accounts in the 
Third Auditor's office (!?85,732 07), which is set forth in the re- 
pi»rt. 

I am recently advised, hy letter from the Treasury Department, 
that upon hist settlement there was found to be due the State four 
huudred and sixty-eii;-ht thousand t\v.> hundred and sixtj'-tive dol- 
lars and ninety-ei^i;-ht cents, (^-1:68.265 OS,) and that the amount of 
suspensions and disallowances has been reduced to twent3'-seven 
thousand three hundred and ninety dollars and seventy-four cents, 
(S 27,390 74.) 

Thirty thousand dollars have recently been paid by the govern- 
ment on the balance found due on our accounts ; which sum is suffi- 
cient to pay oil" all warrants drawn n})on the State Treasury against 
the war tund. 

There being no provision made by the Legislature for paying 
contingent expenses of the State government or for expenses 
of prosecuting claims against the government, the expenses in- 
curred since the death of Mr. Campbell have been advanced by 
these agents, who should be reimbursed by the State. 

In this connection, I desire to call your attention specially to the 
report of Colonel Loomis. It gives a complete history of a ne- 
cessity tor all the expenses incurred by the State for the General 
Government, and, in ni}' opinion, clearly establishes the right of 
the State to reimbursement of every dollar M-ehave advanced, and 
which yet remain suspended. Colonel Loomis' labors in the adjust- 
ment of our war accounts have been invaluable, and it is recom- 
mended that a sufficient appropriation be made for his services and 
expenses. 

REPORT OF THE ADJUTANT GENERAL. 

I regret that on account of the severe illness of Adjutant Gene- 
ral A. C. Fuller, in IS'^ovember and December last, he has been 
unable to snbmit his regular biennial report. I transmit herewith 
a communication from him, exhibiting the expenses c>f his depart- 
ment during the past two years, the inadeipiate appropriations 
made by the Legislatnre to meet such expenses, and the amount 



45 

required to paj the balance due various persons tlierein nioiitionod, 
and I rcccuimond tliat an appropriation be made at an early day 
to pay it. 

I liave also lately inspected the Adjutant General's oflice, and 
deem it jjroper to say, that it is as complete in all its arrangements 
and in the perlection of its system and method as any similar office 
in the United States, (ienei-al Fuller has been a most able, faith- 
ful and energetic officer, and is entitled to the gralitnde of the 
State. 

TirE STATE SANITARY COMMISSION. 

During tlie first year of the war our soldiers in the field received 
tlieir supplies of sanitary stores ];rincipally through "Soldiers' Aid 
Societies," which were established in dilierent parts of the State, 
and operated by the loyal women of Illinois, and the very j^ratical 
and jjatriotic munificence of citizens of Chicago, who established 
the "Sanitary (.Commission of Chicago." The operations of all 
these societies were conducted on the most liberal scale, and were 
in the highest degree useful. Almost every village and neighbor- 
hood in the State were engaged in the noble work. Humane and 
large hearted men contributed bountiful supplies of money nnd 
material, and loyal and patriotic women plied the needle and pre- 
pared articles of food und stores of every description, indispensa- 
ble to the soldier; and the agents of these noble men and women 
covered the field with amljuhmces and filled the hospitals with ap- 
])liances for the sick and wounded. These Soldiers' Aid Societies 
were the nucleus for all the great sanitary fairs which have so boun- 
tifully rej>lenished the treasuries of the United States and Chris- 
tian Commissions. 

The government, in the early jtart of the war, depended upon 
the States for su}>plies for the regiments of each State entering the 
United States service, and from the embarrassed position attendant 
upon the organization of so largo an army, it was impossible to 
provide so many at the right time and place with sanitary supplies. 
Appeals came to me, as (Governor of the State, from agents already 
in the field, and from surgeons and commanding officers, urging the 
forwarding of sanitary stores, and I deemed it my duty to render 
the aid of the State, to the extent of my power, by sending relief 
to the brave men v/ho had v/ith such enthusiasm and patriotic de- 



4:(> 



votiox to country, to peril hoalth, lite uiul property for the 
preservation of the Union. 

On the ilOrh of August, ISi^'i, 1 estabhshed :i State Sanitary 
Bureau, and ai^signod' charge of the department to Colonel 
John Williams, Commissary General oi the State, to whom all 
communications and supplies were to bo sent and distributed. I 
then addressed a circular to the people of the State of Illinois, 
solicitiui- contributions of money and supplies, and requesting 
them to'tovward them to this commission. As proof of the libe- 
ral response of the people, both in money and supplies, I 
talve pleasure in referring yon to the comprehensive report 
of Colonel AVilliams, set forth in -Keport o\' Transactions 
of the Illinois State Sanitary Bureau,*' and transmitted herewith,^ 
and I take special pleasure ii\ referring to the patient labors of 
Colonel AVilliams, who. during these long years of war, has artbrded 
lue invaluable advice ami assistance in discharging our mutual 
obliirations to the people and the army. Upon his advice and 
the enlarixed and extensire field of usefulness prepared for us by 
the liberalitv of the people, in subscriptions, I changed, the organi- 
zation of the Sanitary Bureau on the \'2t\\ day of Septeniber^ 1S03, 
bv establishing the "Illinois State Sanitary Commission," with 
Colonel John Williams, lion. William Butler. John B. Eeynolds, 
Esq.. Robert Irwin, Esq., and Eliphalet B. Hawley, Esq., consti- 
tuted as a Board of Directors, to supervise and control the opera- 
tions of the Commission, and referred to this board the annual re- 
port of the "Sanitary Bureau," embracing a complete statement of 
receipts and disbursements of stores and moneys contributed by 
citizens of the State for sanitary purposes. The "Sanitary 
Bureau," to this time, had received, in addition to a large amount 
of sanitarv stores, twenty-eight thousand dollars, v$-S.O0O,) and 
expended' twenty thonsami dollars, v$-0,000.) leaving a balance 
of eight thousand dollars (^$S,000^ to be transferred to the treasury 
of the "Illinois State Sanitary Commission." A statement of tlie 
receipts and disbursements of thiscommisslon, from its orgimization 
to the 31st day of December, lSt>o, will be found iu the joint re- 
port of the "State Sanitary Bureau" and "Illinois State Sanitary 
Commission," before referred to, and transactions since that time 
will soon be communicated to your honorable body. 
The time and services of all the directors of the "State Commis- 



47 

8ion" have been given gratuitously, and tJiey have been most faithful 
and worthy custodians of tlie people's bounty to our brave boys in 
the field. -^ 

I may be pardoned for doing merited justice to the aid societies 
of Qu.ncy, Jacksonville, .Springfield, Alton, Bloomington, Decatur 
ir'eoria, Galesburg, and other cities and towns throughout the State' 
and especially to our metropolitan city of Chicago/which through 
her Loard of Trade, her various sanitary associations. Soldiers' 
Aid Societies, and individual efforts of many of her citizens have 
rendered most munificent aid, and, in this respect, has fully come 
up to tliat high standard, which in so many other matters of patri- 
otic and public spirited enterprise, has given her justly a proud 
rank among the first cities of the Union. 

REPOIITS OF SANITARY AGENTS. 

I refer the General Assembly to the very interesting reports of 
our sanitary agents, and more especially to the reports of Colonel 
T. P. Eobb, who has been agent for the State from the commence- 
ment of the war, and whose labors have been most severe, arduous 
and efficient. I recommend that a large number of his reports be 
printed and circulated for information of the people. The reports 
of Dr. O. M. Long, State Agent at New Orleans, Edward I. Eno, 
at Nashville, and Mr. Dunseth, at Louisville, and some others 
which I submit, contain valuable information. I also recommend 
that the Legislature make proper appropriations for their services 
and expenditures. 

STATE ARSENAL. 

During the four years past, vast quantities of ammunition have 
been fabricated at the arsenal, for field guns and small arms for 
the General Government. Arms have been repaired, cleaned and 
stored, and nearly all the arms used by the various arms of the 
service in the field from this State, have been received, stored and 
issued through the Engineer-in-Chief of the State. The State 
arsenal, for the most part, has been used as an ordnance depot for 
the General Government. Frequently the arsenal has had stored 
within it more than a million dollars worth of valuable property. 
Much and constant labor has been given, in arming and equipping 
the various regiments of the State. All the regiments for the three 



48 

months' service were armed and equipped from its stores; aL^o,all 
the arms of the various veteran regiments have been received and 
stored and, at the expiration of fnrU.ughs, reissued by the otticer 
in char..-e of the department. The arsenal, Unvoted in the nndst ot 
the i'Wx, in ^vhich is stored a hirge quantity of materials liable to 
explode at any moment, has given rise to much dissatistaction on 
the part of the citizens living in the immediate vicinity. Quite 
recently, two Hies occurred in the iVame buildings adjacent, and 
it was 'saved from destructhm only by prompt etforts and the re- 
moval of a stable adjoining. In view of the complaints, which 
seem to be well grounded, I would respectfully suggest that the 
General Assembly, in the exercise of sound discretion, take such 
steps for its removal, or the building ot a larger and more suita- 
ble ordnance depot, beyond the limits of the city. 

I would also recommend that a suiHeient appropriation be made, 
to reimburse the ixirty, the destruction of whose property was ne- 
cessary to save the arsenal. 

I cannot speak in too high terms of Col. W. D. Orowell, the 
olHcer in charge of the arsenal. He has shown the utmost laith- 
fulness und ability in the discharge of his duties. 

THE MII.ITIA. 

1 will not discuss the importance of a military organization of 
the State further than to refer you to my former messages on this 
subject, and to add my iirm conviction that it is the duty of this 
General Assembly to pass a law providing for putting the State 
upon a complete military footing. There liave been times, diunng 
my administration, when I felt the want of such a law. The raids 
into Pennsylvania by Lee, and into Indiana and Ohio, when those 
States had no military organization to meet them, show that our 
statesmen have not jiaid much attention to the safe maxim, 'nn 
peace prepare for war.'' The fiireatened raids up(Mi the Ohio at 
Faducah and Shawueetown, were sufficient to create general alarm. 
If Forrest had been successful at Taducah, or Price had been suc- 
cessful in Missouri, they would have looked to the rich fields of 
Illinois for cimquest and ])lundeT. The iirst duty of every citizen 
is to the State, and, theref )re, let the General Assembly enact such 
laws as will, in case of emergency, upon the shortest notice, secure 
the services of every able-lKxlied citizen to tlw? State. At my m- 



49 

quest, one of our best and ablest officers, Colonel Jolin M. Loomis 
late of the 2()th Illinois infantry, has conmienoed the preparation 
of a bill, which he will, if desired, submit (o the committee on 
military aftairs, for their coneideration. 

IlEOOKD OF ILLINOIS SOLDIERS. 

I would recommend to the Legislature that a work be prepared 
and published, i^iviuf^ the name, ag'e, residence, occupation, nativity, 
date of enlistment and muster of every Illinois soldier engai^ed in 
government service during this war. Also, a historical memoranda, 
embracing the casualties to officers and men, and the marches, 
skirmishes and battles in which each company and regiment have 
])articipated, and the different brigade, division, army corps and 
departments to which they have been attached during their term of 
service. This record could be compiled from rolls and files of the 
Adjutant GeneraPs office, and reports from the field, which could, 
with proper attention, be procured. To secure an accurate history 
of men and organizations, the work should be immediately com- 
menced, and finished before regiments now in service are disbanded 
on expiration of term of •enlistment. The work would be of j)rice- 
less value to our State for all time, and would remain the most 
glorious history of the part we have taken in the war for defense 
of the Union, that could possibly be written. I sincerely hope the 
Legislature will seriously consider and carry out this recommenda- 
tion. 

RECOMMENDATIONS FOR TAX FOR DESTITUTE FAMILIES OF SOLDIER8, 
SCHOOLS FOR soldiers' ORi'HANS, AND A STATE SANITARY JIUREAU. 

I solicit the earnest consideration of the General Assembly t© 
several important propositions. First — that a tax be levied of not 
less than two mills to the dollar during the continuance of the war, 
for the relief of the destitute families of our deceased and disabled 
soldiers. In some states, large provision has been made by th« 
Legislature for this object, while in ours none has been made. 
The cases of actual suflering whi(;h have come to my notice have 
been very numerous. Ohio levies a tax of two mills on the dollar 
for this purpose. Illinois is not a parsimonious people, and while 
no state has beat her in the valor of her tro<)ps, I trust none shall 
in the generosity of her people. Second — that a State Sanitary 
—5 



50 

Bureau be established, and ample appropriation be made for send- 
ing ellioient ag'ents to all the princ'i[)al points where our troops are 
operating to distribute supplies, or to see that our ti'oi)ps receive 
their full share of the supplies from this State whieli are required 
to be distributed through the United States Sanitary (\)mmlssion; 
also to visit our sick and wounded, and minister to their wants on 
the battle-Held, to aid them in procuring iurloughs, discharges, pay, 
etc. Indeed, I think that an agent might be usefully employed in 
accompanying each regiment of Illinois Volunteers, for the pur- 
pose of taking care of the sick, burying the dead, marking the spot 
of burial and corresponding witli the friends and government at 
home, and nudcing an annual report to the Adjutant (leneral's of- 
fice of the condition, wants, sufferings and achievements of the regi- 
ment. Under the supervision of this Bureau might be established 
a claim agency, through which all claims, pensions and bounties 
might be collected, free of cost to the claimant. 

Second — each county court should be vested with authority to 
erect a monument to the otHcers and soldiers from that county 
livho had died from wounds received in battle. 

Third — that a stipulated sum be appropriated by a well digested 
enactmest of this General Assembly, with all the proper details, 
guards and restrictions, setting apart a fund to erect buildings and 
endow an institution as a home for the maintenance and education 
of the orphan children of our deceased or disabled soldiers, or that 
the said fund be ]iroperly distributed for their support, and their 
education in the district schools of the State. 

At Chicago, Quincy, Mattoon, and other places in the State, 
patriotic and benevolent individuals have already made large sub- 
scriptions towards the erection of homes for the orphan children 
of our soldiers, which entitles them to the gratitude of the country, 
and while very much has been, and doubtless will be done by pat- 
riotic and benevolent men and women in this direction, I appeal to 
the General Assembly not to suffer the performance of this great 
duty to depend upon the uncertain contingeTicy of private benev- 
olence. 

If this government, with its million blessings, is to be secured to 
U3, and transmitted to future generations, it will be done by our 
soldiers. If the army saves the republic, should there not be some- 
thing like adequate remuneration to the men who have sacrificed 



51 

so much for the country ? and should not wc who have remained 
at licnrio, liaving a inillion bayonetB between us and dani^er, enjoy- 
inji; all the blessings of peace, and many actually reaping benefits 
beaides irom the war, in all kinds of business revived, provide for 
the co'iifort of their farnilicB? Tliese brave boys coiuprise tlie 
flower of the conimoiiwealth — are as intelligent and worthy as we. 
Many of them ha\'e left wives and children dependent upon them 
for supi)ort, and, with the present scanty i)ay, they find it impos- 
sible to keep tlietn from penury,, and I know hundi-eds of instances 
of actn;d suffering. It would bo a burning shame if the exercise of 
noble devotion of our citizens, who arc willing to give up tlieir 
homes, their wives and children, should be the cause of suffering to 
those dearer to them than life. Jjctthe provision be ami)le enough 
for every child in Illinois who can say, "my father fell at lielmont, 
or at Donelson, or Shiloh, or Corinth, or Vicksburg, Stone Kiver, 
Chattanooga, Mission liidge. Mobile, the capture of .Richmond, 
the siege and destruction of Charleston, or the last grand triumpli- 
ant struggle between freedom and slavery." It is no charity that 
I ask you to bestow upon them — it is your dulu to take notice of 
every household saddened by the loss of a father or son in this 
war, and no man can enjoy the blessings of an approving conscience 
in this life, or the hope of salvation hereafter, who dares to neglect 
them. If the country will not take care of and provide for them, 
we arc unworthy the sacrifices of our patriot sires of the revolution, 
and the shining record of manly courage ami lofty patriotism of the 
Union armies of this day. No State is worthy of its sovereignty, 
and no government the respect of its peoj)le, who will not protect 
and nurture the children of its soldiers. No marble shaft marks 
the spot where sleep in the valley of the Cundjcrland or Tennessee, 
or on the banks of the father of waters, the remains of the brave 
Illinois volunteei", but we will most honor the dead by taking care 
of the living; and I speak in the name of the loyal millions of Illi- 
nois when I say that in all the ranks of the destitute children of 
our fallen and disabled soldiers, not one shall be left to beg or grow 
up in ignorance for want of an education. Illinois ! the first upon 
the roll of honor among all the States, shall she not be among the 
first to emblazon her proud historic record by setting a})arta liberal 
and unfailing endowment for the support and education of the indi- 
gent orphans of the soldiers of the State':? 



52 



SOI.nil<:U& NATIONAL CEMETEKY AT GK ITYSBUKG- 

In August, 1803, shortly after the battle of Gettysburg, Penn- 
sylvania, it was proposed by the Governor of Pennsylvania, that a 
National CenKtery should be establised at Gettysburg, for the 
burial of all the Union soldiers killed in said battle. This proposition 
was made to the Governors of all those States whose soldiers had 
participated in the battle, to wit : the States of Maine, New Hamp- 
shire, \^ormont^ Massachusetts, Ilhode Island, (Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Maryland, Ohio, In- 
diana, Wisconsin, Michigan, Minnesota and Illinois ; and in it was 
embodied a })lan for the establishment of the cemetery, which pro- 
vides for the purchase of the ground, transfer of the bodies, and 
the establishment and maintenance of the cemetery, and also for 
the erecti% of a suitable monument, and the expenses for the es- 
tablishment and maintenance of the cemetery, etc., to be appor- 
tioned among the States having soldiers buried there, each State 
to be assessed according to its population, as indicated l)y its repre- 
sentation in Congress. AVitlu)ut express authority, I deemed it 
my duty to join the Executives of other States named, in the ac- 
ceptance of the plan, and thus securing to the noble sons of Illinois 
who had lost their lives in that sanguinary struggle a suitable rest- 
ing place. The grounds were accordingly purchased and laid out 
by the State of Pennsylvania, and in November, 18C>3, I appointed 
Messrs. Clark E. Carr, of Galesburg, and AVm. L. Church, of Chi- 
cao-o, commissioners, to represent the State of Illinois at the inau- 
guration ceremonies, which took place on the 19th of November, 
1863. I would call your attention to all the correspondence on 
this subject herewith submitted, and the interesting report of the 
commissioners, which will be submitted to you. 

I doubt not that my action in thus accepting, in behalf of the 
people of the State, a proposition securing to their brave dead a 
resting place and a monument worthy of their gallant deeds, will 
be approved, and that an aj^propriation will be made by the General 
Assembly of the proportionate share of Illinois, to be paid to the 
treasurer of the National Cemetery Association, in such install- 
ments as may be called for by the officers of the association ; and 
also that an appropriation be made to pay the expenses of the com- 
missioners, as set forth in their report. 



53 



OUK COUNTUy. 



In my inaugural and nicBfiages I presented at length my views 
upon the cauBes and remedies for the political troubles in whicli 
our country is involved. 1 shall now only refer to the present 
military bituHti<jn, and to the hopeful prospects from the emphatic- 
endorsement of the measures of the administration at the late elec- 
tion. Of the former, it is suflicient to say that, without feeling the 
first symptoms of exhaustion in the free loyal slates, our arms are 
everywhere victorious, upon the land and upon the sea. We have 
lost no important ground ; we have reclaimed the larger part of 
the territory and national j)roperty whicli had been taken from us. 
Grant has driven the enemy, step by step, from iis siege of Wash- 
ington to the gates of Richmond ; Sheridan has swept clean the 
valley of the Shenandoah, driving Early backward, no more to lay 
waste our l)orders; Farragut remains undisputed conqueror of the 
seas; Sherman dashes, with Napoleonic tramp, and roams unre- 
strained, from city to city, through the very heart of the confede- 
racy, unfurls our flag deiiantly in the face of Charleston — soon to 
wave in re-established glory ujxji th(; very bights from which 
traitor hands struck it. AtkI the very latest, perhaps the cleanest 
and most gK>rious victory of the war, displaying the most indomita- 
ble valor and brilliant achicvenii-nts of onr trooyts, is that of Gen- 
eral Thomas and his brave army. The I )onds of the confederacy 
are worthless in their own and every foreign maiket, all hope of 
foreign intervention or northern revolution, has failed them, and 
to-day our nation stands uixler brighter skies than luive smiled 
upon us since the inauguration of the President on the 4th day of 
March, 1861, and before us the cheering prospect of speedy and 
linal victory. 

The verdict of tlie America7i peo])le, at the late election, solved 
finally and forever all the (juestions of doubt as to the policy which 
is hereafter to be pursued. The history of the world presents no 
such grand results achieved in the interests of human liberty as 
that presented on the 8th day of November last, when the people, 
in the face of heavy taxation and enormous debt, in the face of im- 
mense sacrifice of life and treasure, when, amidst the trials, stress 
and storms of civil war, and the most intense political excitement, 
they went in almost breathless quiet to the polls, and recorded 



5A 

r> their solemn verdict upon all the controverted questions which 
before have divided imd agitated the country. 

The result of that election has defeated all iho hopes and expec- 
tations of the rebel leaders. Vice President Stephens, hv iar the 
greatest of all the insurgent leaders, confidently looked to liivided 
counsels in the north as almost the last and only hope of success. 
But the verdict of the American people has declared, in language 
which does not admit of misconstruction, an invincible determina- 
tion to prosecute the war to the bitter end oi' their iinal subjugation 
and annihilation, if they wickedly persist in their purposes and 
efforts to overthrow the government. 

Es'Cry ]nitriot contemplates with gratitude to Crod the safe pas- 
sao-e of the nation through the ordeal of the Presidential election. 
We were in the midst of a terrible war — a fierce party contest was 
ra<ring in all the loyal states, with personal hatreds and private 
aml)ition, and every element calculated to fan into frenzy the popu- 
lar passii)ns — there were ominous threatenings of civil war ia the 
free states — the enemies of our government, in Europe as well as 
in the disloyal states, expected and predicted fatal divisions, and 
loyal men everywhere held their breath, in anxious fear of anarchy 
and disruption. Put universal quiet everywhere prevailed, and 
peace, like the breath of spring, settled upon all the territory of the 
\ loyal states ; and be it recorded as one of the snblimest spectacles 
in history, that the defeated i^irty cheerfully acquiesced in the 
will of the maiority. It is a })leasure now to record that, wdiether 
the minority was right or wrong before the election, they are all 
riirht now, and all bow in reverence and submissi(m to the deci 
sions of the ballot l)ox — and whether they do believe the meas- 
ures of the administration were the best or not, they yield a cheerful 
acquiescence, and evince every determination to stand by the 
authorities, and prosecute the war with the utmost vigor, because 
such is the verdict of the pieople. 

I am far from disposed to consider the triumph at the late elec- 
tion in the light of a mere party triunq)!). It was a national vic- 
tory. The enemies of the government need not lay the flattering; 
unction to their souls that, because there was not perfect unanimity, 
there was any great division upon the leadiug question of the wai-, 
whether the Union shall be preserved. It would be absurd, and 
maliciously false, as well as detracting from the strength of the 



65 

nation, to denominate as rebels all who have differed with the 
measures and policy of the government. It is but justice to say of 
our fellow citizens in Illinois, who constitute the minority, that 
however they differed from us as to the men and measures of the 
administration, yet by far the larger part of them had convictions 
as strong and deep as our own in favor of the preservation of our 
glorious Union, and that to-day the sentiment of the free loyal 
states approximates closely to u unit in favor of all the leading 
principles of our republican institutions. This important fact is 
evidence of our national strength, and a warning to traitors and 
tyrants that though our people do not vote alike, yet they feel, 
think and will act alike upon the main question of preserving un- 
broken our nationality. 

It teaches to foreign nations that there is an intense and undivi- 
ded sentiment in favor of tlie preservation of the Union at every 
hazard of human life and national treasure, and that while the 
United States desires and prays for peace with all the world, she 
is not so divided as to brook any interference from any foreign 
government, potentate or power, in the adjustment of the question 
whether she shall require and enforce obedience to her constitution 
and laws. And protesting that peace is our desire and not war, I 
speak in behalf of the tv/o millions of Illinois, when I say that they 
stand ready to repel witli the strong arm of military power, inter- 
ference from any foreign country, or any of its dependencies; and 
that we will meet them on the land or on the sea, whenever diey 
seek to try the issue. We mind our own business, let foreign na- 
tions mind theirs. We ask no favors, nothing but the neutrality 
which every nation interested to maintain its national authority 
must have, and that we will have or we will have war. Such lan- 
guage is not diplomatic, but it is the feeling of every true hearted 
American, who has reluctantly been forced to believe that througli 
jealousy of our growing power and our free and liberal institutions, 
the two great nations of Europe have not only sympathized with 
but contributed material aid to the rebels in their attempt to over- 
throw our government. For such offences the United States has 
too long been paid with diplomatic apologies. The United States 
could well overlook the unauthorized acts of reckless British sailors 
and bravadoes ; but British statesmen, men of rank and power, the 
large portion of the British nobility and the government press have 
from the beginning of the war exhibited to our cause bitter hostility 



56 

anil rejoiced in the reverses to our arms. They have u;iveu friend- 
ly connivance to vessels which ran our blockades, and to pirates 
who preyed upon our coinnierce ; have suffered piratical shi[)S to 
be built in her ports, and to bo manned with sailors from her navy, 
and our bravo boys tio;htini; for the Union have been shv)t by Eng- 
lish cannon and Eng-lish muskets placed in the hands of the rebels 
hj British gold. Rebel ambassadors and conspirators have been 
feted and lionized at British courts, while our ministers have been 
treated with the cold formalities of diplomatic intercourse. In a 
neighboring British ju'ovinco traitors from the south and the north, 
and foreign emissaries, have holden their counsel of treason and 
conspiracy against our government, while southern traitors have 
sought the protection of English soil from which to send their raid- 
ers to burn our vessels on the lakes and rob and murder our citi- 
zens. 

Now our only reliance for a continuation of peace with England 
is thorough and ample preparation for war. We cannot calculate 
upon her justice when her sympathies and prejudices are sonuirked 
against us. Our immunity from war with England is in our strength. 
Our policy and our safety is to let it be made apparent to England 
and all foreign nations that we ask no favors, and that we can nuike 
war more destructive to them than they c?n to us. While wo ap- 
peal to their justice, we will let them understand that we ex{)ect it 
more from the strength of our naval nuirine and the calibre of our 
guns, than from any fair foreign appreciation of our cause. In 
this connexion I recommend the General Assembly to express in 
strong terms their approval of the action of the President, that af- 
ter the expiration of the six months conditionally stipulated in the 
arrangement with Great Britian, the United States will proceed to 
increase her naval armament upon the lakes. The State of Illinois, 
as well as every State bordering upon the lakes, is deeply inter- 
ested in this question. Our cities and harbors are exposed to raids 
and incursions without vessels of war to protect them. Indeed, 
the power to control the northern lakes is now in the hands of the 
British government, because by her canals she could in a few 
weeks place a Heet of gunboats upon them by which she could an- 
nihilate our commerce and place all of our Udce cities, without a 
single exception, at the mercy of the invader. And here also is 
the war argument in lavor of our own ship canal, by which we 
could transfer our fleets of gunboats, transports and munitions of 



5T 

war from our seaboard to the lakes, if required by the emergency 
of war with a foreign nation. 

I>ut again, the verdict of the people at the late election is the 
death of the traitorous theory of eecession. It reasserts the doctrine 
of our fathers, as maintained in the late Jialtimore platform, that the 
Union is not a mere compact or league from which any State may 
recede at its mere cuprice or pleasure ; and we send down to our 
children our solemn verdict that the national government is the 
sovereign power of the land — that the constitution of the United 
States and the laws made in jjursuance tliereof shall be the supreme 
law of the land. There is no political heresy so dangerous to the 
existence of our government as the doctrine of the right of secession 
which soutliern politicians have sugar coated with the plausible sobri- 
quet of State Sovereignty. The theory is full of danger — of inevita. 
ble national disintegration and final overthrow. Were I to presume 
to leave a lesson to my children most serviceable to my country, it 
would be to guard agaiiist the insidious doctrine of State sovereignty 
in the meaning which nearly all southeni politicians and many north- 
ern politicians have given to it. To understand the immense danger, 
look at the action of Governor Seymour, who during the war has 
thrown the power of the Empire State of the Union against the 
constituted authorities of the government, and consequently against 
a vigorous prosecution of the war, under an hj'pocritical pretense 
that his action was dictated by a controlling desire to preserve the 
rights of the States from federal usurpation. 

The motto of the State of Illinois is " State Sovereignty and 
National Union," which, properly understood, is, in my estimation, 
the best and most beautiful motto which adorns the armorial bear- 
ings of any State in the Union. I am for unlimited state sove- 
reignty in the true sense : in the sense that the State is to control 
and direct all its municipal and local legislation; and I would be 
among the first to resist all attempts upon the part of the Federal 
Government to interpose tyrannical usurpation of power in con- 
trolling the legislation of the States. The States are sovereign, in 
every sense in which it is desirable they should have sovereignty • 
that is, the people know and understand their immediate wants, 
social, agricultural, commercial, mechanical, educational, munici- 
pal ; and the interference of Congress, except in aid of these, with 
the consent of the people of the States, would be a flagrant abuse 
of power, which every patriot son of Illinois would resist with all 



58 

his energies, and all his life. But how immensely absurd is the 
ide;i th;it the people oi the States should unite together, and form 
a writren eoustitutioiu and eonstitute a national government, witli 
representation from the people from every State, and eonfer upon 
that government all the powers of peace and war, and every power, 
in fact, which attected the safety and prosperity o( all the States, 
and all the people, as one nationality, and constitute a Congress to 
make the laws necessary for the government of the whole — an 
executive, chosen from all the people, to execute the laws, and 
a judiciary composed of men, residents'of the ditfereut states, and 
declare the constitution and laws the supreme authority in the land, 
to decide the questions at varian -e between the government and 
the States, and between the several States themselves, and yet 
admit that any State may, at its mere pleasure, peaceably withdraw 
from the Union. Such was the doctrine of the old confederacy. 
The States lirst formed a confederacy in the nature of a mere 
league; but, being found inetVectual, a constitution was formed by 
the people of the States for a more perfect union, for the express 
purpose of doing away with the princi}>le of unlimited State sove- 
reignty. 

I hail it as the most important result of our glorious war that 
the doctrine of the fathers luis been re-asserted, and that, while wo 
are opposed to a monarchy or to a consolidated government, which 
would ignore the existence of state sovereignty, yet we recognize 
as essential to union and national perpetuity, the centralization 
somewhere of a power which shall be the arbiter in the case of 
disagreement between the States. (Otherwise, indeed, our govern- 
ment is a rope of sand. Tf any one will carefully study tlu' form 
of our government, he will t^ee the necessity of the checks and 
balances which our fathers threw around it ; for there are two 
powers in constant and increasing conliict, and if a fair equilibrium 
is not maintained, the government is lost. In the solar system, 
the sun holds the planets in their orbits, and, but for its power, 
each planet would ily oti' darkling through the realms of space ; 
but if its power were uncontrolled, and above all the laws of forces 
and equilibrium, it would, by the force of natural gravity, draw 
every planet headlong into th) central orb, which would be con- 
solidation, and resemble the despotism and powers of Europe. 
But, on the other hand, if the sun were to lose its supremacy alto- 
gether, and the planets should become the supreme forces, they 



would fly oft" lav/UiHH through tho void, producing wild anarchy in 
the Ho\nr HyMtem, wliicli nothing Init the Almighty Power, who cre- 
ated them and all thingH, could 8ubduo. Our only safety ia in the 
hope that thcBO forw;H, in our State and national governments, will 
Ijalance eaf;li other; that, in strict obedience to constitutional law, 
the States will perform their duties to their own citizens, to each 
other, and to the whole nation; and that the national government 
will commit no usurpation of state privileges. The careful obser- 
ver of our govr;rnrnent will perceive that the tendency is not to 
consolidation, but to anarcliy and dissolution. The rapidity in 
growth and population of the States, makes them feel their conse- 
quence and strength more, and their dependence less sensibly on 
the Federal Government; like the high-f^pirited youth who feels 
less dependent, from day to day, as liC approximates the age of his 
majority. 

Indeed, we may say that our government is fearftdly and won- 
derfully ma/le, and the great machine of state must move, self- 
poised, magnificently onward between the dead calm of consolida- 
tion and the convulsionB of ana/-chy and disunion. 

The late election has settled all <lisputed questions. It is s'.ttled 
tliat traitors may be arrested and hung; it is settled that the tirst 
duty of (ivery citizen is to his country, and that he may be drafted 
into the military service; it is settled that men, irrespective of 
color, may ]>e employed in Ihe military service of the country. 

Ihit, again, this election has settled the great question of slavery. 
It has indorsed the }»roclamation of tlie President, and all the 
measures of his administi-ation tending to the emancipation of the 
slave. AVhatever may have been the sentiment of the American 
people heretofore on the subject of slavery, it cannot be denied 
that they have fully resolved that it must cease to exist in every 
State and Territory of the Union. 

I have ever believed that the slavery question was the source fA 
all our national troubles; tliat it was at war with the genius of our 
institutions, and that we can never have jjermanent peace and a 
harmonious Union without its thorough eradication ; and while 
statesmen of the highest standing, and many good men every- 
where, have feared lest radical measures might endanger the unity 
of the friends of the government, and that some end short of radi- 
cal and universal emancipation was the best policy of the govern- 



60 

nuMif, ;uul nooofssarv lo tho ]>i-osiM-\;iti(>n o( tho Union, \v\ 1 h'.wo 
o\iM- lu'liovini, ixnd now holii'vo, that it is in tho co\nu'ils of u l»ii:;1u>r 
l^nvcr than man tliat tliif* roholhon will know no ond oxoopt npon 
tho has!S ot' unccuulilitMial and nniviM-sal iMnant'ipali(>n. in i'aot, 1 
niaj ir«^ I'urthor and sav that I soaroo dosiro to soo this war tonni- 
natod with this disturhinix oliM)\tMil lol't to divido our oonnoils, to 
omhroil citi/on aijainst citi/.on and Stato ap^ainst State, to rosnlt in 
jinothor hlomlv Mar and ]>orhaps in linal disnnion. I do not 
dosiro to soo tho war tonninatod nntil it shall ho a roooi^nizod 
fact — recognizod not only hy our own pn I'rninont, luit l>v tho 
(\>ntodorato States, inoludinij both ii-t>vornnu'nt and ]>(>oplo, and bo 
made patent to all tlu> oivili/.od nations ol' tho world, that not under 
the constituti(ni ot' tho I'nitoil States- not under any eoiutitntion 
or law (»!" any soi'i'dod Stali^-- not under any iloi'isiiui of any U'j;al 
tribunal, State or National — and not i^\en in any eonvontioiuil, 
moral, soeial cm- individual sense, shall the relation oi' slave and 
nuistor, in tho form o\' absolute sidtmission on tlu> one hand and 
uuoontrolled ownershij> c>n the other hand, be reo(\i;ni;'.ed u|>(>n any 
portion of North Amorii'at\ soil. Already roeling and It^ttorin^ 
beneath tho blows it has already reeeived, it is our duly ti> _i;ivo 
this aeeursed wron<j^ and I'ause of all mir sulVorinj^s a liiud blow, 
and send it to a ijravo from whieh it will have no resurriH'tion. 
^\ hen the shout of vieti)ry eomes to us iVom (irant, or Sherman's 
armies, we rejoioo, beoauso we consider each vietiu-y briui^s us 
nearer jH^ace and the restored antlu^rity of tho i;-t)vernuu>nt. We 
rejoice when wo hear that Atlanta, ^b>bile or Savannah is ours, 
but I shall consider ]>eaeo nearer wlion, I'ilhor throui:;h tho lo_i;-isla- 
tion ol' (\>ni!^ress or from the aet o\' our arnnes, ov ot" tho rebel* 
themselves, slavery is destroyed. It is sio-nificant to mo of victory 
w luMi 1 see the ri> 'out nu>venuMit (it' the south towards orii^ani/.iui:: 
the nej;-roes into rei!;iments, puttino; arms into thiMr hands, and 
i:;ivini;; them their l'roed(Un. It is a stran<^e }^henonuMu>n in history : 
tho leadeis o\' an insurrooticMi v'alliui;- u]u»n tho i-auso ot' thai insur- 
reetion to save i!. Driven to maduoss and di^sj^air, thoy tluMusi^lvos 
eomnuMieo putting- thnvn tlu'ir "divini> institution'' for whii'h they 
eonunoneed tlu> war. Pi-ovidont'o is shapiui; their di>stiny so that 
with their own hanils tlu'v shall briuij; to destruetion the very thiui; 
that thi>y nu\int to nuiintain, and wldeli they desii:jned to nud<e the 
pormauent eoriuM- stone oi' their new eoidederaoy. (^f what use 



61 

will a iHiW gov(!rimi(!nl, ho to the rcbiilB when their kIuvck Jir(i IVoc, 
and when thoy (;aii havo mo uko i'm- iti 

I am lor rr(!(!iii^ tiic; ncfj:;!'** hy (!vory coriKiitiitioiial iiujaiiK; and I 
holievc, aH I (ivcii* did, tiiat had tho seceded States l)ehaved tliem- 
Belvt'H — had tliey \hh)i\ trni; and loyal to tlu; (ioveninient — they 
had frf)ni all llu; jteojth; ol" all the, loyul Sla1(;s ;in unlailiiifi; <]^nar- 
antec of non-intervention in tlniir donicfitie institntionK. Indeed, 
very few if any prominent stat(!Smen l)eliev(;d that (Jo/iLn'OKS had 
any jxnver what(!ver to intci-fcio with IIk; institution of slavery. 
Jiut what p;overninent may liuvfnlly do, in tinu; of peace, against 
its own citizens who ar(i loyal to the p/overnnuiiit, and what it may 
lawfully do towards those citi/cris in tini(!of war, when they them- 
selves have thi'own oil" theii- alle/^ianc(i to the ^oveinmcnt, and 
becorru! open and diaholical enemies of that jijovernmcnt, is quite 
another thinpj. To illustrate: tlu? htunhhist American citizen has 
rifjjhts which the whole American ^ov(!rnnient and all the ])Owers 
of durkness cannot de))iiv(! him of whih; he is a ^o(jd, loyal citizen 
and obex's tlu^ laws ol" his country. To him, personal liberty and 
l)rotection is a sacred ri<Jjht, which tin.- loi'dlicst in tlx; land dare; not 
infringe with impunity ; hut 11' lu- violates tlu; law— if lie commits 
theft or murder- if Ik; hecome.-; an outlaw — then he niay he 
de})rlved of his personal lilxM-ty. So, althou:L;h it was in the himd 
that slavery should not be int(!rfer(!d with in the States, yet when 
those States and the j)eople break tin! hond trample the ver}' 
constitution and laws, which wein; the shield of their ])rotection, 
under tlKiirfect (hiiiy tluMr alle_i!;ianc(! to that (;onstitulioi:, take up 
arms to (werthrow tlu; ^oveiriment, and becona; the j)id)li(t enemies 
of th(^ country — then flu; /j^ovcu'iiment niay tak(; that man's life, or 
his property of any and every kind, if ncf^essary, to compel his 
sid)nussioM and save the <j;o\'ernm(!nt. And, therefoi-e, I hav(! no 
doid)t of lh(! power of Congress, in such a case, to j)ass ii broad, 
numly act of emancijiation, breaking tin; (;hains of every slave in 
every seceded State; and my doctrine is the immediate, total abo- 
lition of slavery in every seceded State. 

Of course, dongress would have no j)ower to abolish slavery in 
the loyal andadhciring States, without tluiir consent, and hence the 
necessity of an amerulinent to the constitution, by which slavery 
shall be abolished in every State, loyal as well as disloyal, under 
the forms and in the manner prescribed by the Constitution — and 
thus free the whole land forever from the everlasting curse of 



62 

human bondage. It will be one of tlie earliest duties, I trust, of 
your honorable bodies, to urge upon Congress immediate action 
upon the proposed amendment of tlie constitution abolishing 
slavery throughout the United States. During the last session of 
Congress it passed, by a nuijority of two-thirds in the Senate, both 
the Senators from Maryland, both the Senators from West Vir- 
ginia, and both the Senators from Missouri, and a large nuijority 
of the Senators representing slave States voting for it. In the 
House it failed for want of a two-thirds vote, and lacked only 
eleven votes of passing, so that, although the same Congress is to 
sit {lii-ain^this winter, yet so emphatic has been the verdict of the 
people in its favor, as to induce the belief that there will be enough 
members, who opposed it before, to conform to the national will 
and carry it through the present Congress; but if they do not, then 
the next Congress, already elected upon that issue, will carry the 
measure triuuiphantly thrcnigh. Then it will be part of the -irganic 
law of the republic, wiping out the last blot upon the fair charter 
of our freedom — universal freedom for all — everywhere under the 
folds of our starry bar.ner. 

It is perhaps ditlicult to tell in how numy new ami different 
]ihases the (piestiou may during the next two years assume — how 
many plans for gradual or halt-way emancipation — how many ct>m- 
promises may be devised by politicians, but I confidently trust that 
the voice of Illinois shall be ever living and potential, through licr 
honored representatives in the General Assembly, for the most 
direct and shortest route to radical and uiiiversal emancipation. 

Anothor lesson taught by the late election was, that the war 
shall be vigorously }u-osecuted until every armed rebel shall lay 
down his arms and submit to the rightful authority of the govern- 
ment, and until our national flag shall wave in triumph over all 
our broad territory in all its geographical bounds, one and un- 
broken, from gulf to gulf, and from ocean to ocean. The triumph 
of the war policy at the polls is the triumph of the war itself. It 
never has been a question in the mind of any sound statesman or 
general, whether we had the power to conquer the rebels into obedi- 
ence to the government ; the only question was whether we would 
do it — and we have now decided the question of the result of the 
war by the emphatic annonncement of the people that they intend 
to fight the war through — yes ! fight it through, and settle all ques- 



63 

tions in dispute for all time to come. Xo one can fail to admire 
the wisdom and humanity of the President in liis late message, 
wherein he says, in substance, that while he declines to hold out 
terms of negotiation to the insurgent leaders, yet he holds out the 
olive branch of peace to the masses wh(» follow their leaders and 
tell them that "they can at any moment have peace by laying down 
their arms and submitting to the national authority under the con- 
stitution." lie says, "the door has been and is still open to all, 
but the time may come, probably, when public duty shall demand 
that it be closed, and in lieu, more vigorous measures than hereto- 
fore shall be adopted." 

Now is a time, if ever, the nation can afford to be magnanimous, 
in view of our great strength and the unanimity of our people, as 
expressed at the recent election — in vie%^of the fact that the enemy 
is everywhere close pressed by our conquering legions— we can 
now, not taking counsel from our fears, but from our magnanimity 
and with the power of conscious strength, knowing that our final 
triumph is but a question of time, we can invite tlie deluded masses 
of the south to lay down their arms and come in again to share the 
protection and blessings of the government. 

But in the mean time every effort should be made to jjush for- 
ward vigorously the car of war. 'Not for one moment should 
the executive stay his strong military arm in the suppression of 
the rebellion. The greatest calamity which could befall this coun- 
try now; in fact the greatest danger to be apprehended is that, from 
the very consciousness of our strength and the speedy prospect of 
success, we ma,y relax our efforts, and the war become a protracted, 
lazy, heavy, draggling war. Should such be the case, tliere is no 
telling what may be the final issue — what demoralization may sei'^e 
our army — what divisions may spring up among the people — at 
what time foreign nations may consider it their duty to intervene, 
and finally what disgraceful compromise and dishonorable peace 
may be brought about, leaving all the blood and treasure of four 
years' terrible war to have been expended in vain. The only hope 
of the enemy is that we will fail to follow up the advantages already 
gained. If ever, novj is the time to j)ress forward with overwhelm- 
ing demonstration of our national power and forces to the goal of 
speedy and final victory. Onward with the war. The people should 
demand it; every legislative assembly should pressitupon Congress; 
Congress should press it upon the President, and the President upon 



64: 

the Generals in the army ; the whole nation should wake up to the 
one great purpose, and resolve that tliere shall now be no lagging 
in the war. And while we hold out the words of kindness and the 
oliv^e branch of peace to the south, let us resolve upon quick, sharp, 
decisive war, and besides paj-ing liberal bounties to our soldiers at 
home, let us adopt the ancient mode of war, hold out to our boys 
in blue the sunny fields of the south, capture the territory, divide 
the lands among the soldiers, to be held by them and their heirs 
in fee simple forever. We have long held out this same olive 
branch by the proclanvitions of the President. The only answer 
has been insult and injury. The most savage cruelties have been 
heaped upon our prisoners in the hands of the enemy, and from 
Jefl". Davis has come the bold and defiant language that he will 
never consent to any peace — his voice is still for war until the Uni- 
ted States shall acknowledge the independence of the Confederate 
States," Now I am here to-day to say in lehalf of the loyal mil- 
lions of Illinois, and I trust this General Assembly is prepared to 
say, and to throw in the face of Jeff. Davis and of his minions, and 
of all traitors who would destroy our Union, the determined re- 
sponse that in the booming thunders of Farragut's cannon, in the 
terrible onslaught of Sherman's legions, in the flaming sabres of 
Shei idan\s cavah-y, and in the red battle glare of Grant's artillery, 
our voice is still for war — war to the knife — all the dread enginery 
of war — persistent, unrelenting, stupendous, exterminating war,]till 
the last rebel shall lay down his arms and ourliag float in triumph 
over the land. 

Upon the subject which agitates the minds of many, whether 
the north and south, after such deadly strife, can ever resume friend- 
ly relations and live in harmonious fellowship in one Union and 
under the same government, is a question which has never given 
me any doubt. Slavery has been the only ground of bitterness and 
division. All other questions were political and commercial, 
which all were ready to submit to the common arbitrament of the 
ballot ; but the question of slavery was social, domestic and organ- 
ic, and perhaps like all the questions involving the rights of man 
and the }»rinciples of libert}^, which have engendered bloody wars 
in all ages and all nations. There could have been no solution to 
this question, except the war which has grown out of it. But 
slavery once removed, there will be an homogeneousness of senti- 
ment, having the effect to bind together the north and the south. 



65 

The tides of emigration are already thrown into new channels. 
Emigration from the sonth to the north and from the north to tho 
south now crosses each other at all our commercial points on our 
rivers and along all our thoroughfares of trade. 

The black wall of slavery, which, like a frightful specter, drove 
the emigrant from the sunny fields and rich savannahs of the south, 
is, or soon will be, broken down — the process of intermixture, in- 
termarriage, reciprocal business and commercial relations, will 
assume the place of the unsocial isolations which have heretofore 
divided the sections. And though the war has been bitter and 
bloody, yet the history of most nations of Europe teaches that they 
have survived long and bloody civil wars, and yet afterwards lived 
in peace and harmony under the same government. Such is the 
history of France, after her revolution. The civil war of England, 
in the memorable days of Cromwell, was marked by scones of vio- 
lence, of confiscation of property, of devastation of estates and deso- 
lation of towns and cities, as intense and terrible as those which 
have marked the progress of our civil war. Upon the re-establish- 
ment of the government, the people became united, and every 
memory of the rancour of the war soon disappeared. And so, 
after the vindication of our national authority, each section award- 
ing to the other the credit due to lofty and indomitable prowess, 
like friends who have fought it out and are better friends ever 
after, so will the north and the south bury the memory of their 
wrongs. Massachusetts and Illinois will again reunite with Vir- 
ginia and Georgia over the grave of treason, and together with the 
new-born sisters of the confederacy, will live on in the bonds of a 
new brotherhood, and with fresh allegiance to the constitution, and 
an unfailing faith in the proved strength of our institutions and 
man's capacity for self government, strengthened and reassured by 
the baptism of blood through which the nation has passed, they 
will move on as one people, united forever. 

Such is to be the end of events passing before us, and I trust 
that the people of the United States, and their posterity, while they 
otfer up praises and thanksgiving to Almighty God for the deliv- 
erance he has brought to our people out of this red sea of blood — 
they will bless with a nation's gratitude, from age to age, the mem- 
ories of the brave men who have perilled all for their country in 



66 

its dark and trying hour. And when onr own Illinois, npon some 
national holiday, shall meet all oiir returning soldiers, as they shall 
pass in serried ranks, with their old battle scarred banners and 
siiivered cinnons, and rusty bayonets and sabres — with rebel flags 
and rebel trophies of every kind — at this mighty triumphal pro- 
cession, surpassing the proudest festivals of ancient Kome and 
Greece, in their palmiest days, then the loud plaudits of a grateful 
people will go up : All hail to the veterans who have given our 
flag to the God of storms, the battle and the breeze, and consecrated 
our country afresh to union, liberty and humanity. 

Gentlemen of the General Assembly : In taking my leave of 
the high responsibilities of the executive of this great State, I can 
congratulate you and the people that the administration of its affairs 
will pass into the hands of a successor who is fully competent to 
the trust committed to his care — who has given the highest evidence 
of devotion to the country, by both distinguished civil and military 
service — and in whose great ability, sound judgment and unswerv- 
ing integrity I have the most entire confidence. 

I cannot fail here to refer in kindness and gratitude to Lieutenant 
Governor Hoffman, who has been my constant adviser and coun- 
selor, and who has acted as Governor in my absence, with great 
ability and efficiency ; and to my associate State officers, Hon. 
Jesse K. Dubois, Hon. O. M. Hatch and Hon. AYilliara Butler, 
to whom I am deeply indebted for wise counsel and cordial co- 
operation in important matters of my administration. Also, to 
Quartermaster General Ex-Governor John Wood, and Commis- 
sary General John AVilliams, for most indefatigable and efficient 
service ; and also to the aid-de-camps in my office, and in the 
office of the Adjutant General, and to the clerks in all the de- 
partments of the State government, for their faithful and useful 
labors. 

I must be indiilged in saying that, while, doubtless, many omis- 
sions have occurred, and many errors have been committed, yet 
my labors have been severe and arduous, and that perplexities of 
a most difficult and unusual character, growing out of the unsettled 
condition of the country, have met me on every hand — among which 
was lack of co-operatien in a co-ordinate branch of the government, 
and the want of adequate appropriations required in the new emer- 



67 

gencies to be met by the Executive. However, I shall never 
regret the anxieties, cares and responsibilities which have devolved 
upon me, if, in some degree, I liave discharged the high trust com- 
mitted to me to the satisfaction of the people of the State. 

KICHARD YATES, 

January 2, 1865. 







mebsagj: 


1 








HWfH 









O V 


THASifMlTnXO 


AT K 

• 


^, 




iiKJ'cjjtrs 01- ii«%. I. \ 


MOIiJilS, 








IS KKLATION TO TUB 










TWO I'VAi CENT. FUND. 




1 1 




SPJtJ.NOJ-ii'JJ;: 




• 



HAKKK A,. J'l/fLLti'H, I'ULVTKRS. 
1805. 



n 



M E S SAGE 



OF TSIH KXOELLEirCT, 



li T C H A E D Y A T E S , 



GOVEKNOJt Oi ILLINOIS, 



IS KKKPOKSE TO BEBOLUTIONS OF THE HOUSE OF REPEESEJfTA- 
TIVEH, OF JAXUABY 6, nu, IS EELATIO.V TO THE 



CLAIM or ILLINOIS AGALNST THE UMTKD SLVIK 



FOB TWO PEE CEKT. OF THE KET PEOCEEDB ABISIKG 

FROM THE HALE OF PUBLIC LAKDH. 



SPRINGFIELD: 

BAKEK & PHILLIPS, PEINTEEr 
1865. 



M I-; S S A c, V. 



^/rcr'//f^My PJm'//u^ Jm*,v/xi^ij 10, 1S65. 

To iJi/'. J ff/fiz/rf/Jih tl'^, If'A/M. of W/i/r<c*Ani/jJM>^A : 

111 ri:*,i^/iii)ii t<> cA-jia^in rt^t/ylutJorjfc nAfjpuA hy the lioum <A BAtm^ii^n^ 
taiiivm, on iliM ^Ah infctarjt, havhi'/ refererK^e, 'M I uridcrfcUtrjd t^euj, to 
l}i<i cbi/n of lU'ifioh ni/^niiM the f.'rjitXi^l 8ta.t<s« for two jA;r oeut. ot* the 
jiet \)r<><Aii'Aii n,rWii)'/ from tlje ^-de of j/t^blic Istrjdfc, whJcij via* rt-fe<:;rv4i>d 
in t)ii* (■/nf)y4fi. U;twe<;fj the f.' IJJiuoj^.. t/> \^i tizi^ijA<:4, 

usi'Ur the dir^-x-ti'^rj of Corj^/- ''>^ I'/isi^i^ W<)An\ii io the 

Btsit/', J have the honor t^^ <y^0jj:jrjurji<^t<i the tafA« in relation V> the elaiwi 
niiuJe b^ Um; Htat<; and njy a/:Aion in ^yynne<jtion therewith, V>^<^}ier 
witii fcucli feujfjrefctionfc a«, in my opinion, wijj fuJJ/ enable the fetate t<> 
arrive at a jufct eono-Jui-j'on on the fcubje^;t. 

in J 8) 8, Con^r<^t-; j/i^>.M?d an a(;t to enable the pe^^ple of llVmoU Ter- 
rit/^ry i/-» form a '/ -jh and Btat^? '^ovo.ruiutiiiX, and for the nAinu- 

kion of >-;ii';]j htat': I'u'ion. Tiie feixth W;/;tion of that act ofter<3^1 

four t'/irUi'ui ijr<Ji/<mU.o{iH to the <ry>nvention of fcaid t^rriv^rj, when 
formed, for tlieir frf:><i ii/-/-Aii>XiiU(ji or rej<jc*ion, and wljich, if a^y;^:;}-/tx5d bj 
tjie reinvention, fchvuld, aij the Jiiw expret^kly declare*, "4« oUxoatz/ry frn, 
ilui (JmMA HMahP Tlm^i proj/z^itionJi were afxx;[/t^:!d, and the condi- 
tions Uf/yn whicl) tbej were nja/ie fcirJctJy obM;rv<:jd, by which the State 
h/tit a larjfe inn<)unt of revenue in refraini/j^ V>» tax tije pubiic land* for 
fjve y<jarb from and afU;r tbe day of fcaJe, and t)je paUsnted kndg for 
liiree y'jar* afU^r t)ie date of the i>aV?nt«, re»i;/'.cti vely, where thev were 
c:/i)Ui'mni'A Uj Ui lniM by the ya^UiuU-'At^ or ti^eir heirt, a« an e^^uivalent 
for t)ji*, and Wft a* a gratuity or donation. The third yroi/juMum 
(ic/tlaraa "that five j/<:;r <M;nt of the net pnx;<jed* of the Iwid* lying 
witliin fcucb Bute, aod which i^ljalJ Ix; fe/Ad by Congrcbfc, Irorn and aft^^r 
the firht tjny of January, one thoujjand eight liundred and nineteen, 
aft^r dij'itjcting ail expenfee« incident Uz the feaine. tsljaJl be rebcrved l>/r 
the pur[><.rt>efc following) viz: two-fifth* t'^ be difcburM^d nnder the direc- 
tion of Congre%.K, in making roa'lfc leading V> the BtaVi, the residue t<> 
be appropriatx:!^! bj^ tije Jye;^i*iitture of tiie BtaU? fvr the enc/^uragement 
of leanxing, of wbich one-teixth part bhall be exclusively WVywed on a 
M^Jkge or unive/fcity." 



The three per cent., thus set apart to the State, for educational purpo- 
ses, has been, from time to time, paid over by the United States, but 
not a dollar of the two per cent., set apart for road purposes, has ever 
been paid ; nor can it be shown that it has been expended in a manner 
required by the trust. The money, as it accumulated in the treasury, 
belonged to the State, and Congress was only empowered, as trustee, to 
disburse it in conformity to the terms imposed upon them. It has not 
been pretended that the money was used in " making roads leading to 
the State." The Interior Department has, however, claimed that the 
State should be charged with the sums expended within her limits on 
the National or Cumberland road, while the Treasury Department, 
where such matters are properly cognizable, has never made a charge 
of such character against the fund. While ray limits forbid a discus- 
sion of the ground assumed by the Interior Secretary, I feel it my duty 
to say, I believe it wholly untenable, and it certainly operates very 
unjustly towards the State. 

A provision, setting apart live per cent, of the net proceeds arising 
from the sales of public lands, will be found in the enabling act of each 
new State admitted into tiie Union, in which such lands were situated, 
or in the act providing for such admission, barring California; and, 
with three exceptions, each State to which the amount was granted 
received it in money from the National treasury, and disposed of it by 
their own legislative enactments. Congress did not attempt to execute 
the trust, but transferred it to the Legislatures of the states respectively. 
The three exceptions, referred to, are Ohio, Indiana and Illinois. Their 
road fund of two per cent., together M'ith that of Missouri, which was 
snbsequently paid over to that State, was reserved by certain acts of 
Congress, to reimburse the treasury for appropi-iations made out of it 
to construct the National road, but not in a manner warranted by the 
trust. Ohio and Indiana, however, by solemn acts of their legislatures 
accepted the portions of the road lying within their respective limits, 
upon which some three and a half millions of dollars were expended, 
and have derived a revenue from them. Illinois never adopted such 
legislation ; never recognized the work done within her boundaries as 
ot any value, and never, in any way, made an appropriation of it, so 
that she, of all the States, has derived no advantage from th.e road fund 
set apart for her benetit, either in the way of expenditures or receipts 
of money. 

If Congress had kept its faith and constructed the road, as it provided 
should be done through Illinois, instead ot abandoning the enterprise, 
after making a few wasteful expenditures between her eastern limit and 
Yandalia, the equity of the case would be vastly different; though, 
even then, it could not bo properly and justly insisted that the fund set 
iprirt for 1 he special benefit of the State, and for which she had rendered 
a full equivalent, couki be legally absorbed by Congress in a great 
National work, undertaken and prosecuted for the common benetit of 
the whole United States, especially in view of the ttict that she had 
never accepted of such legislation. 

From whatever point the subject may be contemplated, it seems to 
my mind clear that the State is entitled to receive from the United 
States the amount of her claim. That there is ample legislative provis- 



ion requiring the payment I have as little donbt. The second section 
of an act of Congress, approved March 3, 1859, entitled "An act to 
settle certain accounts between the United States and the State of Mis- 
sissip|3i and other States," makes it the dntj of tlie Commissioner of 
the General Land Office to settle the account of Illinois, as one of the 
"other States" — allow and pay it. However, it is not necessary that 1 
should enter into an argument upon this point with the Legislature. 
There can be but one mind among ns on the subject. 

As early as 1857, Hon. Isaac N. Morris, then a njcmber of Congress 
from Illinois, commenced the prosecution of this claim before the Land 
Department, at Washington, and obtained the promise of that depart- 
ment that it should be adjusted and paid ; whereupon, he sent a copy of 
his correspondence with the commissioners to his excellency Governor 
Bissell, and suggested the propriety of the appointment of an agent on 
behalf of the State to attend to the settlement of the account. Governor 
Bit^sell requested him to do it. Soon after my term of office, as execu- 
tive of the State, commenced, Mr. Morris spoke to me upon the subject, 
and subsequently made a presentation of the laws and facts upon which 
he claimed the money was due the State. Upon an investigation of the 
matter I became satisfied his views were correct, and, inasmuch as he 
had, after great patience and labor, entirely familiarized himself with 
the whole subject, I deemed it my duty to appoint him to prosecute the 
claim for the State. He has submitted to me three different reports, 
pertaining to the business with which he was entrusted— two in printed 
form and one in manuscript — which are herewith transniitted, and to 
which I respectfully call your careful attention. These reports will be 
found very full, and exhibit clearly and conclusively the right of the 
State to payment of the claim. 

The difficulties surrounding the prosecution of claims against the 
General Government, at this period, have environed Colonel Morris on 
all sides, yet he has brought to the discharge of his intricate and diffi- 
cult mission the great skill and persistent industry requisite to success; 
and I feel, that for his distinguished fidelity and consciencious labors, 
the State is greatly indebted. 

I recommend that the Legislature make a firm expression of their 
opinion in behalf of the claim of the State, and that a reasonable appro- 
priation be made to defray the expenses of its prosecutor. 

Kespectfully, 

KICHARD YATES, Governor. 



REPORT OF THE HON. I. N. MORRIS, 



ON THE 



TWO PER CENT. FUND, 
MADE TO HIS EXCELLENCY EICIIARD YATES. 



R E I' O It T 



To iJf.H KxcKr.f.K.'.cy, Hicuahu Ya'ikh, 

Oov^:r/ior of the, iStoM of JUinois: 

SiK — 1 hf;^ l(5avc rriofit rr;Kpoctfi]Ily to Hiilunit to you a partial ro.j,c,ri, 
in the rnattor of tlio two por cont. fund arising from the rif;t prooocdK of 
t}io KalcH of public lands rnado within the State 8inco January 1, IHIU. 
In rnakin/^ tliiH report J cannot, in view of tlio public intorcBt or juhtjco 
to iny~;(;lf, embrace in it all tliat it might be important and valuable to 
c^^mmunicate. Jlence f nhall do };ut little more now fhan compile the 
record an far as it in made up, and add huc}i obnervationH hh will }>(} 
neceHHary to explain itfi different parts. <^Jn home future occahion J may 
tranHcend these limits, 

Soon after my election to the 35th CongreBs, T entered upon an inves- 
tigation of the claim of Illinois against the fJnited States, for the two 
per cent, on the public lands sohi in the State, and set apart in her 
enabling act "to be disbursed under the direction of Congress, in 
making roads leading to the State." The result of that investigation 
was to satisfy me that the amount was (hut the State, and tijat existing 
legislation r(;qiiired its payment. Consequently in a day or two after 
my arrival in Washington in J^ecember, 1857, J opened a correspond- 
ence upon the Hubject witli the Hon. Tliomas A. Jiendriclcs, then Com- 
missioner of the General Land Office, which is liereto subjoined : 

"WAsniNaTON Cm', December 12, 18o7. 

IIo.V. TnOMAH A. IlKNDIirCKH, 

(J(yrma'iMwyn/iT of the (Jeneral Jjwd OJJice: 

Sir — Will you have the goodness to communicate to me, at your 
earliest convenience, thf. gross amount of two-fifths of the five per cent. 
of the net proceeds of the j^ublic lands sold in the State of Illinois, to 
which said State is entitled for road purposes, under and by virtue of 
the third proposition contained in the sixth section of "An act to enable 
the people of the IllinoiH 'territory to form a Constitution and State 
Governm(;r)t, and for the admission of such State into the L'nion on an 
equal footing with the original States, approved April 18th, 1818." 
Yours wary respectfully, 

I. N. MOKJUS. 
—2 



10 

Gexkkal L.vNn Offick, Ihwfidhr IT, ISoT. 

Sir — I hrtve the honor to acknowledge the reeeipt ot* Yo\ir eonnnu - 
nication of the 12tli ins^tant. in reference to the three per cent, at-cruini:; 
to the State oi' l\\\no\^ under the ;n\nisions oi' the act o\' Cono-rcf^s, 
approved April ISth, 1818. and in reply have to state that the amount 
for the year 18.">(>, was adjusted on the -Tth July hist, and f»>rwayded to 
the First Ooni}>troller oi' the Treasnry for his decisi»>n thereon. The 
balance fonnd to he dne the State on the olst o\' l)eceniher, l8rH'>, ni\der 
the provisions cf the said act amounted to $i;\7iU (>i». 
1 am sir. very respectfully. 

Your i>l)i'ilient servant, 

TllOS. A. UKNOKIOKS, Commissioner. 

\VAsniNi;TON, 11. \\., Deoemher 10, 18M. 
Hon. Tnos. A. IIkxpricks, 

Connn/ssionej' of the Ge7}e?'al Lan<? Ojfice: 
SiK — I have the honor to he in receipt o( yowv vc\A\ o\ the ITth \o 
my letter o^ the 12th instant, and alhnv me to say that you either 
greatly misapprehended my conununication. or I nsade a grent mistake 
in MM-iting it. 1 think if you will refer to it again, yon will llnd tiie 
error is with yc>n. I did not inquire for the aiui>unt o^ the three }ier 
cent, accruing to the State o\' Illinois nnder the provisions o'l the act 
for her admission into the Vnion, hut desired to know the gross amiMint 
of the two y>er cent, to whieh said State is entitled for >•(></(.? pm-poses hy 
virtne of said act. 

Your early answer to that interrogatory will greatly oblige me, 
1 have the honor to remain, sir, 

Yonrs very respectfully, 

I. K MORRIS, 

Geneiul Lano C>Fnci:, /A(V7;j/>tT 23,, 1857, 
Hon. I. K. Mokkis, 

House of JxepreseniaUves: 

SiK — I have the honor to acknowledge the receipt of your comniiu- 
nication o( the 10th instant in reference to the two per cetit. to whicli 
the State of Illinois is entitled under the aet o'l 1818. 

In reply, I have to state th;it the amount will be adjusted nf as early 
a day as practicable, and the information you desire will bo transmitted 
to yon. 

I am sir, very respectfully, your obedient servant, 

TIIOB. A. HENDRICKS, Commimioner.. 

\VAsniJSi5TON City, Janxtary 7, 1858. 
Hon. Tnos. A. Hkxpricks, 

Commissioner of f/o^ General Land Ojfice: 
Sir — On the 12th and 19th of last month, 1 had the honor to address^ 
YOU, inquiring for the gross amount of the two per cent, arising from 



11 



tlio Hii\<;H (){ public lun<l« within llio Stato of JllinoiH, to which Raid State 
iH ciifitlcfJ \)y virl,iJO of th<; act for her ufJruihHion into the fJnion. Not 
havirif^ received an anHwer conimiinlcatin^ the desired inforrnatiorj, 
owin^, aH I am toh], to the indiKjjonition of the ch;rk whoHf; duty it in 
to I'ujiiiHh it, I hav(! to ank of you wlu^ther you will In; [Mepar(;(J on tlie 
proficr ajtplicalion he-iri^ made to pay over to said State the a^'^rre^'ate 
amount, of said two per cent. wh(;n the Baine nhall he ascertained, an 
required hy "An act to settle certain accounts between the United 
States and the State of Mississippi, and other states," apjjroved March 
3, 1H57, and the said act of admission. Your early answer will greatly 
obli^a; rne. 

1 remain, sir, y(Mirri, very respectfully, 

I. N. MOERIS. 

Gknkical Lano Oifici;, January 8, lSo8. 
J Ion. J. i\ .VIoaius, 

llouw (if JiejfresentatlveH: 

Sir — I have the; honor to acknowledge tlie receipt of your letter of 
yesterday, in which you inquire whether tlje government will be pre* 
pared to pay over to the State of Illinois the two ])er cent. fund, to 
which she will be entitled in virtue of the act of April 18, 1818, for her 
admission into the Union, when the same shall have been ascertained, 
as required by the act of the o'l of Afarch, 1857, and the said act of 
admission. 

in reply, 1 have to state that the amount you refer tf> shall be {jdjusted 
as soon as the ^^reat pressure of business will admit of it, and 1 am udt 
aware of any reason for withholding^ payment (*f thcj ajnount to whicb 
the State may b(; entitled wluiii the same shall have been ascertained. 

I am, sir, wavy resjyectlully, your obcjdient servant, 

Til OS. A. HENDRICKS, Commkaioner. 

WAsniNGioN, January 9, I8.08. 
Hon. TfffjH. A. IlKNOKrcKs, 

(JouhnnHHtoner of th.e Oeyural Land OJJlce: 

Sue — I had tlie honor to ref:elv(!, thin morning, your letter oJ" yester- 
day in reply to mine of a previous date. In alludinf^ to my i/iquiry 
wdiether you will be rf;ady, when the; a^'i^rej^ate amount is ascertained, 
to ]»ay to the State of IllinoiH th(i two j>er cent, to which sin; is entitled 
on the sales of public lands mad(; within her limita, awd to which 1 have, 
in previous communications, more particularly called your attention, 
you say, "lam not aware of any reason for withholding payment of 
the amount to whicli the State may be entitled when tlie same shall 
hav(j been aficertained." 

As I d(;Ki;(n to transmit to the Crovernor f<f my State our correspond- 
ence; ibr his c(jnhidf:ration, 1 Khali be hap]*y to liave all (Joubtsas to your 
determination removed. The lan^'ua^(; which I have above quoted 
from your letter, while I liaVo no question in my mind of its purport, 
may be re<.^arded by some as amt)i^uous, and with a view ()\' removing'- 
any niisajj])rehension as to its meaning, I will be exceedingly obliged if 



12 

you will state definitely whether the amount will be paid upon the same 
bein<2:; fully adjusted. 

I remain, dear sir, very respectfully, 

1. N. MORRIS. 

General Land Office, January 13, 1858. 
Hon. I. N. Morris, 

House of liejpresentatives : 

Sir — I have the honor to acknowledge the receipt of yonr commu- 
nication of the 9th instant, in which you request that I will state more 
definitely than I did in my letter of the 8th instant, whether the amount 
of the two per cent, fund to which the State of Illinois may be found 
to be entitled, will be paid on the account being fully adjusted. In 
reply, I have to state that I cannot give any more positive assurance 
than is contained in the communication referred to by you; and for the 
reason that it is only the province of this otlice to audit the account and 
report the balance which may be found to be due to the M^tate, to the 
First Comptroller of the Treasury, who is charged by law with the 
revision of accounts as the controlling ofiicer, and who will have the 
solo direction in regard to the payment. 

I am, sir, very respectfully, your obedient servant, 

Tllbs. A. HENDRICKS, Commissioner. 

Upon the receipt of the letter of the Land Commissioner to me of 
the 13th, I transmitted copies of the correspondence to Governor Bis- 
sell, as will appear from the following letter from me to him, and his 
reply : 

Wasiiinc;ton City, January 16, 1858. 
His Excellency, Wm. II. Bissell, 

Governor of the State of Illinois: 

Sir — I transmit herewith copies of communications between myself 
and the Commissioner of the General Land Ollice, which will explain 
themselves. 

You will observe that the correspondence closes for the present, with 
the Commissioner's letter to me of the 13th instant. After its receipt,^ 
I called at the Land Office, and urged, personally, that the account of 
the State against the general government for the two per cent, fund 
should be adjusted as soon as possible, and was assured no time should 
be lost in stating it. I therefore concluded that no benefit could result 
to the State by a further correspondence, and hence terminated it. 

It will be perhaps six weeks before the account will be made up. I 
shall keep an eye to the matter, and about the time, or just before its 
completion, will apprise you of it, so you can at once cause the proper 
demand to be made on tlie treasury for the money. In the meantime, 
I hope to receive such suggestions and instructions from you as you 
mav think proper to give. 

Col. Miller, State Treasurer, was here a few days ago, and 1 commu- 
nicated my action in the premises to him, and was glad to find it met 
his approval, and trust it may yours. I wish you to talk with him on 
the subject. I remain yours trulv, 

^ I, N. MORRIS. 



13 

Spkingfield, Illinois, January 22, 1858. 
Dear Sir — 'lam very much obliged torn copy of the correspond- 
ence lately had between yourself and the Conunissioner of the General 
Land Oflice. 

You have acted well, indeed, in bringing this matter to our attention, 
and your perseverance has already brought an apparently reluctant 
officer to the proper point. I have no suggestions to make, and only 
request that you will exercise your own judgment in regard to the 
proper time ibr renewing your efforts, and that you will keep me 
apprised of the progress of the matter. 

Yours very truly, 

'WM. II. BISSELL. 
Hon. Isaac N. Morris. 

After admitting the legality of the claim of the State and agreeing 
to have the account made up for presentation to the treasury, Mi-. Hen- 
dricks declined further action in the matter, and never did explain to 
me the reason wliy. I supposed at the time, that inasmuch as he was 
a member of Mr. Buchamm's administration, he refused to comply with 
his assurance to me that the account should be stated, for the reason 
that the Democratic members of Congress from lUijuiis had fallen out 
w^itli that administration, the conse(pience of which was that as little 
was granted to tliem as ];ossible. While the foregoing consideration 
doubtless had its full weight in preventing an act of justice to the State, 
I subsequently learned upon high authority tliat Mr. Buchanan had 
issued lyrivat'e instructions to the different departments not to pay any 
claim or demand on the government which could be ])ostiJoned or 
defeated, with the view of lessening the expenditures of his administra- 
tion. 

The foregoing statements will explain why the matter was not closed 
up in Mr. Buchanan's time. 

The laws upon which I based the claim of the State in my corres- 
pondence with Mr. Hendricks, and upon which I still rely are as follows : 

CIIAPTEU CXXXIX. 

An act to settle certain accounts between the United States and the 

State of Alabama. 
Be it enacted by the Senate and House of licpresentatives of the United 
States of America, in Qnnjress asseiribled, Tiiat the Commissioner of 
the General Land Office be, and he is herc^by required, to state an 
account between the United States and the State of Alabama for the 
purpose of ascertaining what sum or sums of money are due to said 
State, heretofore unsettled, under the sixth section* of the act of March 

* The following is the third condition of the sixth section of " An act to enable the people 
of the Alabama territory to form a constitution and State gov-rnrnent, and for the admission 
of such State into the Union on an equal footing with the original states, approved March 
2, IHl'J, and is the only portion of the 6th section of the act relating to the live per cent, 
on th(^ pviblio lands. " 

"That live per cent, of the net proceeds of the lands lying witliin th(! said territory, and 
which siiall be, sold l)y Congress, from and after the lirst day of September, in the vear one 
thousand eight hundred and nineteen, after deducting all exi)enscs incident to the came, 



14: 

second, eighteen hundred and nineteen for the admission of Alabama 
into the Union; and that he be required to inchide in said account the 
several reservations under the various treaties with the Chickasaw, 
Chocktaw, and Creek Indians within the limits of Ahibama, and allow 
and pay to the said State live per centum thereon, as in case of other 
sales. 

Approved March 2, 1855. 

CHAPTEE CIY. 

An act to settle certain accounts between the United States and the 
State of Mississippi* and other states. 

Be it enacted by the Senate mid House of Bepresentati'ves of the United 
States of America, in Congress assembled^ That the Commissioner of the 
General Land Office be, and he is hereby required to state an account 
between the United States and the State of JSIississippi, for the purpose 
of ascertaining what sum or sums of money are due to said State, 
heretofore unsettled on account of the pubHc lands in said State, and 
upon the same principles of allowance and settlement as prescribed in 
the " Act to settle certain accounts between the United States and the 
State of Alabama," approved the second of March, eighteen hundred 
and lifty-tive; and that he be required to inchule in said account the 
several reservations under the various treaties witli the Chickasaw and 
Chocktaw Indians within the limits of Mississippi, and allow and pay 
to the said State five per centum thereon, as in case of other sales, esti- 
mating the lands at the value of one dollar and twenty-live cents per 
acre. 

§ 2. And be it further enacted. That the said commissioner shall 
also state an account between the United States and each of the other 
statest upon the same principles, and shall allow and pay to each State 

shall be reserved for niiiking public roads, canals, and improving tiie navigation of rivers, of 
which thri'e-fifths shall be applied to those objects within the said State under the direction 
of the Legislature thereof, and two-filt'.is to the making (/f a road or roads leading to the 
said State, under the direction of CongrL'ss." 

* The 5th section of an act to enable the people of the western part of the Mississippi 
Territory to form a constitution and iState government, etc., approved March 1, 1817, is as 
follows : 

" That five per cent., of the net proceeds of the lands lying within said territory, and 
which shall be sold l)y Congress from and after the first day of December next, after deduct- 
in'^ all expenses incident to the same, shall be reserved for making public roads and canals, 
of which three-fifths shall be applied to those objects within the said State, under the direc- 
tion of the Legislature thereof, and two-fifths to the making of a road or roads leading to the 
said State, under direction of Congress." 

\ The act admitting Illinois into the Union, entitled "An act to enable the people of the 
Illinois Territory to form a constitution and State government, and for the admission of such 
State into the Union on an equal footing with the original states," approved April 18, 1818, 
says in section 6, condition third : 

" That five per cent, of the net proceeds of the lands lying within such State, and which 
shall be sold bv Congress, from and after the first day of January, one thousand eight hun- 
dred and nineteen, after deducting all ex|)eiises incident to the same, shall be reserved for the 
purpo.'ses following, viz: two-fifths to be disbursed under the direction of Congress, in 
makinir roads leadiucr to the State, the residue to be approniiated by the Legislature of the 
State, "for the encouragement of learning, of which one-tixth part shall be excluf'vely 
bestowed on a college or university." 



15 

such amount as shall thus be found due, estimatinjy all lands and per- 
manent reservations at one dollar and twenty-five cents per acre. 
A]>proved March 8, 185Y. 

After Mr. Buchanan's administration had refused justice to Illinois, 
I introduced a bill into the House of liepreBcntatives to compel the 
payment of the amount due the State, not that I believed such legisla- 
tion necessary, except to remove the obstacle created by the refusal of 
reluctant officers to do their duty. The bill passed the House in a 
modified form at the last session of the 36th Congress, and was sent to 
the Senate, where, on motion of Senator Fitch, it was referred to the 
committee on the judiciary, who never reported it back. I urged, tiiTie 
and again, upon Senators Douglas and Trumbull, to get the bill before 
the Senate and pass it, but it was never done; for what reason it is not 
necessary to inquire. 

Thus the matter stood at the time of Mr. Lincoln's inauguration. At 
that period I met your Excellency in "Washington City, ai]<i as I was 
going out of Congress, and not expecting to be able to give any further 
attention to the subject, I communicated the facts to you, and suggested 
that you should a}j])oint some one to look after the interest of the State, 
as she Avas certainly entitled to the money I claimed for her. You 
requested me to send you a copy of ray correspondence with Mr. Hen- 
dricks, (the original of which is of course on record in the General 
Land Office, as it is of an official character,) and I promised to do so. 
Soon after my return home, however, I was taken sick, and for eighteen 
months M^as not able to attend to business. Li the meantime the war 
broke out, and I thought that perhaps you would conclude that a 
demand for the money had as well be postponed until the excitement 
consequent upon that event had somewhat abated. I concluded also 
that I could make you understand the facts more satisfactorily at a per- 
sonal interview than by writing. It could not be expected you would 
remember them sufficiently distinct to act upon them from our hasty 
interview at Washington. I took the papers with me to Springlield 
two or three times during the latter ])art of the past year, but was never 
fortunate enough to find you at home. You were always absent on 
official business. 

At the commencement of the last session of the Legislature we met, 
and conferred upon the subject, i submitted to you my correspondence 
with Mr. Hendricks and called your attention to the laws upon whicli I 
based the claim of the State. I am gratified to be able to add that you 
manifested a prompt, earnest, sincere, and highly commendable zeal for 
the interest of the State, and at once determined to prosecute her 
demaaid. Without solicitation on my part, you were generous enough 
to tender me an appointment as agent on behalf of the State, under 
which I j'epaired to Washington, artiving there on Saturday evening, 
the 7th of February, taking with me a letter from you to the President, 
explaining the object of my mission, and inviting his co-operation. On 
Monday evening following, I called upon his Excellency, delivered your 
communication, and conferred with him in regard to the nature and 
character of the State's claim. All that he appeared willing to do at 
the time was, and I think perhaps that was as far as he ought to have 



16 

gone, to indorse upon the back of your letter the followinor words, 
which I h\id before the Commissioner of tlie General Land Office : 

'' I shall be obliged if the Commissioner of the General Land Office 
will 2:ive IMr. Morris a full hearing on the business indicated within, 
and do what mav be directed bv the law in the case. Please o-ive Mr. 
Morris an earlv hearing." " A. LIISOOLN. 

February i^*1^03. 

On the same day I called upon the President, I addressed the follow- 
iuf communication to the Commissioner of the General Laud Office: 

Washington Citv, February 9, 1863. 
Hon. J. M. EoMUKns, 

Commissioner of the General La7ul Office: 

Sir — I nm charged by his Excellency, Richard Yates, Governor of 
the State of Illinois, with the duty of prosecuting the claim of that 
State a2:ainst the general government for the two per cent, fund due her 
under existiuii; laws of Congress tor road purposes. I therefore have 
to respectfully inquire if you will direct the account to be made up 
under *' xln act to settle certain accounts l)etwecn the Tnited Stiites ami 
the State of Mississippi and other states," approved March 8, 1857, and 
the enabling act preparatory to the admission of Illinois into the Union. 
Your early answer will greatly oblige me. 

I have the honor to remain, yours very respectfully, 

I. K. MORRIS. 

Besides the foregoing letter I furnished the commissioner with a copy 
of the laws upon which I based the State's claim, and my interpretation 
of them. On the next morning I was informed by one of his clerks, 
who seemed to have charge of the business, that the commissioner and 
himself s'ave the same construction to the laws that I did, but that Mr. 
Joseph Wilson, chief clerk, whose op])osition I had anticipated, ditlered 
with them. Believing the connnissioner's views to be as I had been in- 
formed they were, I felt no great concern about the result, and was 
therefore, surprised to receive from him the subjoined letter : 

General Land Office, Febimary loifA, 1863. 

SiK — I have the honor to acknowledge the receipt of your letter of 
the 9th inst., in which you inform me that you are charged by His Ex- 
cellencv, Richard Yates, Governor of Illinois, with the duty of prosecu- 
ting- the claim of that State against the general government for the two 
per cent, fund due her under existing laws of C'ongress, for road pur- 
poses, &c. 

In reply, I have to inform you, that I have carefully examined the 
several acts of Congress to which you refer in the menu^randum which 
accompanied your letter above referred to, and all other acts of Con- 
gress relating to that subject so lar as Illinois is concerned, and I do not 
lind that Congress has relinquished its control over two-iifths of the 
fund set apart for certain purposes by the third clause of the^sixth sec- 



17 

tion of the act of April 18th, 1818, vol, 3, page 430, and now claimed by 
Illinois. 

Tlie actfi to which you refer relate to moneys received hy the govern- 
ment for lands v/hich had been rcRerved for certain Indian tribes. 

The acts for the adminsion of the States of Alabama and MiBsiesippi, 
and orlier acts of Congress in relation to this subject, are almost identi- 
cal with th« acts relating to Illinois, and it was necessary for those two 
States to have special legislation by Congress before they could control 
the two per cent, grant for roads, (see act of Congress of September 4th, 
1841, sections 10 and 17, pages 457, 458, vol. 5.) 

For the reasons here stated, this office is not, in my opinion, author- 
ized to adjust to the credit of the State of Illinois, the two per cent, fund 
referred to, without further legislation by Congress on the subject. 
Very respectfully. 

Your obedient servant, 

J. M. EDMUNDS, 

Carfimvinioner. 
Hon. I. ]Sr. MoKKis, Washingtov.^ D. C. 

Your Excellency will observe by reference to the letter of the com- 
missioner that all he says about the laws to which 1 directed his atten- 
tion, is that "the acts to which you refer relate to moneys received by 
the government for lands, which had been reserved for certain Indian 
tribes" — a very summary way, indeed, of disposing of so important a 
matter. My understanding is, that the government " r^mvecZ " no 
money for the lands referred to by the commissioner reserved for certain 
Indian tribes, but notwithstanding this paid to the States of Alabama 
and Mississippi the full five per cent, on those lands. It appears, there- 
fore, that the commissioner mistook tlio fact as well as the law. 

What, as he seems to suppose, two sections incorporj^ted into the pre- 
emption act of 1841, relating to the five per cent, fund due Alabama and 
Mississijjpi, can have to do with the construction of the acts of 1855, and 
1857, making no reference to the special legislation referred to, is more 
than I can discern. The commissioner seems to forget that the laws of 
1855, and 1857, were passed long subsequent to the special legislation of 
1841, and that the act of 1857, is a general act, intemled for the benefit 
of a^^ the States^ and requires the five per cent, to be paid to each State. 
Is each State to be deprived of its rights under that act because some 
sixteen years before, Congress passed a special law for Alabama and 
Mississippi? The commissioner certainly carmot doubt but that Missis- 
sippi, if she had not previously received her five per cent, could receive 
all or any part of it under the act of 1857, and if Mississippi, why not 
"each of the other States ?" The law so provides, and covers the origi- 
nal sura and all arrears due Mississippi and other States. 

After the claim of the State had been decided adversely by the com- 
missioner, I presented all the laws bearing upon the subject to the Presi- 
dent, and at his instance read tliem over three or four times that their 
import might be fully and accurately comprehended. Fortunately, 
Judge Norton, a clear headed and able lawyer of Joliet, who is member 
elect to the 38th Congress, was present by accident. After a careful 

~3 



IS 

Cv''n?i^loratuMi of the q\io^li«Mi, tho Piosiilonr niul Jiulii'o Xi'i-ton i;!ivo it 
as tl\cir concurrent opinion tluit lllinoitJ was lopiliv ontiilrd to liic full 
live per cent, arisiuii- iroin tho sales of jniblic lau^ls made within her lim- 
its since January 1st, ISIO. ut\der and bv virtue o\' the aet of lJ^r>7, for 
the se:tlement ot' the accounts o\' Alississippi and other States, and the 
provisions of the enahlini; act for otir own State, thus fully and entirely 
sustaining tho leoal view 1 had always taken of the claim. The Presi- 
dent at the interview referred to, was exceedingly kind and courteous, 
and very ready anil tVaidc in expressing his opinion, and 1 am gratitied 
to be able to add that he has expressed that same opinion to various 
other persons, and amon.g them to ytnirself. lie said to you a short 
time ago \vheJi you were In Washington, and when yon requested he 
should listen to the rending of my communicutlou to the Interior Secre- 
tary, nnder date of i\taich 10th, lS(.)3, that h.e would have no objection, 
if his time would permit; that he had, however, gone over the premises 
Avith me once — that tho cotiCiU^ion /hid Ikti) ntU'/i(>d that the State was 
entitled to the nhmdj, and it was net worth ^vhile to go over the premises 
aii'aiu. I had two ov three other ijitetvicws with him, to whieh it is not 
now neces'\\rv to refer in detail. AY hat follmveil the one above indica- 
ted, the following letters \vill sutliciently show. 1 need not tell you 
htnv laborious is the task to accomplish any business in a dc]>artmei\t at 
"Washington. 

In pressing with zeal ami ardor the Secretary oi' the Interior for a 
lormal decision of the aj^i^cal to him tVom the Land (\mnnissioner, I did 
110 more than I believed my duty to the State required. You will ob- 
serve the siMiiewhat singular faet that I was unable io get written re- 
plies t(^ my communications except fiom the Conimissioiur ol the 
General Land Otlice. I was therefore compelled to niake my calls and 
those of my friends sutliciently numerous upon ]niblic lunctionaries to 
make up a record myself, and I btdieve it will not be found the less in- 
complete or objectiouable on that account. I>ut to commence it: 

AVasiuxotox City, 1). C, Fdruanj \S(h^ ISiJS. 
Jlos. J. 1\[. Emrrxns, Oommissioner of tho Gefieral Zand (Iffiec : 

SiK — I respectfully apjuwl from ycun- decisiiui in the mat tin* of the 
application of the State ot Illinois claiming IViun the United States the 
two per cent, on the net proceeds of the ]>iiblic lands sold in said State 
since ISIO, and request that with the least possible delay you transmit 
the papers in the case to the Secretary of the Interior for lovirw. 
Eespectfully, ' I. N. JMORUIS,^ 

Agent for mid State of Illinois. 

After the appeal was jierlccted and the case argued before the Literior 
Secretary, I transmitted to that officer the fi)llowing letter, showing 
briefly as I had shown more in ixfenso, verbally, that the tiuhjeet of legis- 
lation was the five per cent., and its application tho public lands sold in 
the States, inchidinf/ Indian reservations, vtc; that it was the design oi' 
Congress to ]>lace all the new S^;'f^'>^ ii» which there were public lauds 
on an equal footing in regard to the five percent, with Mississippi, .'Vl- 
abama and other States which had received it, and that tho law of 1857 



19 

(]oQH fto j)la''etliein. All t.lio tlrnr^ hctwoon tlio lOf.li of Febrnarj anrl the 
27fli t>i iVIiircli wlicii t-ickucsH f;oin|)(;ll(;iJ ino to leave lor lioine, I Kpctit in 
eunieHt endeavors U) <j;iit the interior Secretary to decide the a[;peul : 

WAswrN-oTON Cny, lujjiuanj 'z^)th.^ 1803. 
Hon. J. P. Tsiikr: 

Silt — It has occurred to nic tliifj rnorninj^ that I. would very bricifly 
Btate, in uriling, 8onie of my viewH of the lawn to which I referred lact 
oveniii^^, in pre.-ientin;^ the claim of Illinois to the tv\'(i jjer cent, fund 
due hei' under various acts of Con/^rehs. I will, of coiirhe, only mention 
the points. 

'I'he Gill section of tlie enahlirif]^ act of Alal;jima sets apart five per 
centum of the net proceeds of th'; |)idjlic lands forcerlain purposes, three 
parts of which was left at tins disposal ol the legislature, and two parts 
to he expended under the directii>n of Congress. 

"An act to settle certain accimits t^etween the United States and the 
Stare of Alabama," approved March 2d, l^ijh^ required the Commissioner 
(;f the General Land Oflice to state an account "lictween the United 
State8 and the State of Alabama," f(jr the purprjse of ascertaining "what 
sum or smns ol money are due to said State }iei"(tofore unsettled," un- 
der the said sixth section of the enaMing act, and he is also required to 
^Hndude'in said account the several reservations utider the various trea- 
ties with the Chickasaw, Chocktaw, and Creek Indians, and allow and 
pay to the said Stat(j Jive /><'//' centum. ther(;on, as in cane of oi/ier sales.'''' 

Tlie Jij'st thing required of the commissioner is, that lie shall Uaie an 
accoant\)cX\w(.H'M the United States and Alabama, under the sixth section 
other enabling act, setting af)jjrt five \)tv cent, (f the net ]>rocee(ls of the 
sales of public lands, which means all public lands sold in the State, 
and under which account the State could (obtain the amount, if ij(^ other 
act relating thereto had ever passed. The Indian reservations are only 
cumul.atioe^ and the five |)er cent.isalsureqnired to be paid on those lands. 

The act "t(j settle cei-iain accounts between the United State- and the 
State of Mirtsissipjji and other Staten^"" apjjroved Marcli 3d, 1807, re- 
quires the settlement to bo made with Mississippi "on the same pi-inci- 
jjlcs of allowance and settlement as jn-escribed in the Ala])ama act, and 
directs the payment of the five per cent, on the jnablic lands" in said 
State, adding thereto the Indiati reservations as in the case of Alabama. 

The secon<l section of the act relating to Mississ'ppi, requires the com- 
iTiissioner to state an account between the United States "and each of 
the othei- States u[)on the same )jrincij>lefi," that is, as is required by the 
act in regard to Alabanja, "and shall allow and pay ovei- to eack State 
such amount as shall thus be found due." This section also provides 
that "all lands and permanent reservations," shall be valued at one 
dollar and twenty-iivc cents per acre. The title of the act itself, clearly 
shows it was designed to include all the States in which public lands 
had been or would be sold, and was intended to be, as it is, a qeneral 
jjuhlicact. Its language verifies this conclusion. 

The laws to whicli I have referred were passed by Congress long siib- 
sequent to the acts I'elating to the National Road, and hence, if the 
Slates were ever deprived by previous legislation of any part of tho two 



20 

per cent, -winch I do not admit, it was re-invested in them by the laws 
upon which I based the claim of Illinois, together with the enablino- act 
relatiuo; thereto. 

I have the honor, sir, to subscribe myself. 

Your obli2:ed friend, 

I.KMOERIS. 

March 23d, I called at the Interior Department to loarn the Secreta- 
ry's conclusion, but he jx^stponed the matter, saving- aniouii- other things, 
that if he did decide the case and the money Avas paid, the Democratic 
members of Congress from Illinois would probably abuse the adminis- 
tration for it. I assured him to the contrary, and to put his apprehen- 
sions on that score at rest, and to show what their opinion was of the 
legal and equitable character of the State's claim, I procured the signa- 
tures of all the members of the last Congress, and Judge Norton, (len- 
eral Farnsworfii and Col. Morrison'-., members elect to the o8th Con- 
gress, to the letter given below, the original oX' which I tiled in the inte- 
rior Secretary's othce. 

"WjisniNGTON City, Fehmary 2Bd, 1863. 
Hon. J. P. UsHEK, Secrefafv/ of the Interior : 

SiK — In the matter of the appeal belore you, in which the State of 
Illinois claims two per cent, of the net proceeds of the sales of the pub- 
lic lands sold in that State since 1819, we have to say that we regard 
the State as lajaUij and tquitahly entitled to it under existing laws, and 
trust yon will not hesitate to direct the account to be made up, with a 
view to its payment by the government. 

Although the sum may be large, that of course cannot constitute a 
valid objection to the claim or furnish a reason for withholding the 
amoimt justly due, nor do we mention it under the supposition that any 
such consideration M-ill at all effect the decision of the appeal. 

Certainly no sound reason can be given why Illinois should not be 
placed ^on an equal footing with Louisiana, Mississippi, Alabama, Ar- 
kansas, Missouri, Michigan, Wisconsin, Kansas, Iowa and Minnesota, 
in respect to the five per cent, set apart in their enabling acts for the 
objects specitied therein. The laws requiring the liquidation of the 
claim, Congress alone is responsible for, and no just censure can attacli 
to the administration for executing: them ; on the contrary, its clear and 
undoubted duty is to give eilect to their provisions, i^lame might pro- 
perly attach if it failed to do so. 

Again appealing to you to act in the premises, we acknowledge our- 
selves, Yours very respectfully, 

J. C. ROBINSON, A. L. KNAPP, 

W. A. RICHARDSON, L. TRUMBULL, 

ISAAC N. ARNOLD, P. B. FOUKE, 

WM. J. ALLEN, E. B. WASHBURNE, 

^Y. KELLOGG, O. LOVEJOY, 

JESSE O. NORTON, J. F. FARNSWORTH, 
WM. R. MORRISON. 



n 

Btill the foregoin/j^ bronglit no decision of the appeal, and led to the 
production of the following letters and divers pernonal applicationg, 
which were alike unavailing without any juBtiiJable caune for tlie delay, 
aw I arn purnuuded your Excellency will admit. 

Washington City, February 27, 1863. 

IIOX. JOUN r. UsifJCK, 

iSevretary of the Interior: 

Sru — T acknowledge the kind and courteons manner with which you 
listened to my preh(;ntaUon of the claim of Illirioirs to the two per cent, 
fund arising from the sales of jjuhlic lands within her linjits. Sirjco 
that time, now some ten days, 1 have called twice at your office to learn 
your conclusion. On the lirst occasion you spoke of the amount being 
large, and expressed apprehension that the payment of it would create 
excitement, and asked that I would not urge a decision then. Being 
satisfied that the determination, when officially expressed, would he in 
favor of my state, and not wishing to he too importunate, I concluded 
that a lew days' delay would only he a matter of )^ersonal inconvenience 
to myself, and hence readily yielded to your desire. 

On the last occasion you still asked for further time, and expressed 
the fear that Mr. Chase, Secretary of the Treasury, might not he satis- 
fied if such a sum as my state is entitled to was directed to he paid, and 
advised me to return home, leaving the question undisposed of. I an- 
swered I could not see what Mr. Chase liad to do with the matter ; that 
he was not charged with the execution of the law, his duty heing merely 
a compliance with the demand on him for the money, and that 1 could 
not think of leaving here until the subject was finally acted on. You 
will, I am pursuaded, on a moment's reflection, be convinced I was 
right in this. To go to Illinois and report I left the claim pending on 
an appeal before you, would prove I was an unfaithful agent, and sub- 
ject me, as it ought, to public disrespect. Under no cii'cumstances 
could J think of doing so or aijandoning the trust reposed in me. 

To obey one law and fullill one obligation is just as sacred a duty on 
the part of the government, as to obey another law and fultill another 
obligation, for both are equally imperative, and leave an administration 
without any right or power of discrimination. 

The mere question of the embarras-sment of the treasury, cannot and 
ought not, and I am convinced will not be plead as an excure for the 
non-compliance v/ith a plain statute. 1 do not desire nor does my state, 
to injui'e the national credit or embarrass the government finances, but 
when will there be a more propitious moment than the present for the 
payment of the amount due? Already the state has been deprived of 
it for years, and, of course, has lost the interest upon it. Since 1857 I 
have been prosecutini; the demand, and have orally explained to you 
why it has not heretofore been paid. Hence it is no new or sudden 
claim brought up at the jjresent time from sinister motives. I trust 
therefore, you will direct tJie account to be made up as the law certainly 
requires of you. 

As our communications have heretofore been of a verbal character, I 
think it best that hereafter they shall be in writing, for in that way 



2^ 

tlioy will not only be more certain, but more satisfactory. This is es- 
pecially important to me and the governor of my state, to whom I will 
of course make a full and accurate report, embracing the entire corres- 
pondence and papers of my actions in the premises. 

Awaiting yoiir reply, and believing it will not long be delayed, and 
feeling the utmost coutidence that duplicate legislation will not be de- 
manded to compel ibe general government to do justice to a sovereign 
and loyal stfite, 

1 have the honor, dear sir, to subscribe myself your friend and obe- 
dient servant, 

I. K MORRIS. 

Washington City, March, 2, 1SG3. 
Hon. John P. Usher, 

Stcretanj of the Interior: 

Sijj — JVIy interview with you on Saturday left a deep and unpleasant 
impression on ray mind. For the first time, you suggested that the 
case relating to the business of my state was not perhaps properly be- 
fore YOU on an appeal from the Commissioner of the General Land 
Office, inasmuch as all the papers pertaining thereto had not been trans- 
mitted as you alleged. On subsequent examination, I found you were 
mistaken in this, for I traced them to your own table. 

You also suggested, for the first time, that the case might have to go 
to a clerk for his examination and revision, adding, " perhaps he will be 
able to tind something against it." 

On a previous occasion you advised me to obtain a mandamus, which 
if I am correctly informed, cannot be sued out against a government 
officer in this city; still if it could be, what reason can be assigned 
why Illinois should be driven to the necessity of having the writ issued 
to force a decision she is otherwise justly entitled to. 

These facts, transpiring at the time and under the circumstances they 
did, would seem to convey the belief that while the Ian- is in favor of 
my state, she is to be deprived of its beneiit by dilatoiy pleas, if such 
should be the result, and the clerk, m-Iio is not a lawyer, or charged with 
any responsibility, is to review the application or claim after it has been 
argued and submitted to you for decision, I must be frank enough with 
yo"u to say such a procedure would be totally unwarr^jited. Illinois 
asks only that she shall be treated with I'cspect and awarded her just 
due. She is no eleemosynary beggar at the national treasury, yet in 
her name and on her behalf, I solemnly and earnestly protest against a 
construction and policy, if tln^y should be finally adopted, which I am 
yet unwilling to believe will be the case, relying as I do upon your 
great legal ability and high sense of justice, that would discriminate to 
lier wrong and injury. 

Yours, very respectfully, 

I. K MORRIS. 



23 

Washington, D. C, March 10, 1863, 
Hon. John P. Ushek, 

Secreiarj of the Interior: 

Sir — When I arrived in this city, more than a :'nonth ago, I did not 
anticipate the delay to which I sliould be subjected, and the exertions I 
would be compelled to make, to obtain for the State of Illinois the two 
percent, fund arising from the proceeds of the sales of public lauds 
made within the limits of the state since January 1st, 1819. The right 
of the state rests upon a few Btatutes that are so plain and emphatic in 
their provisions, and that have been so uniformly coui^trued to have 
no ambiguous meaning by legal minds, that I contidontly expected a 
ready assent to the proposition I presented. And especially was this 
the case when the president, after a careful examination of the laws 
bearing upon the subject, expressed the opinion to you, to Judge Norton, 
member of congress elect from Illinois, and to myself, that the state is 
entitled to the benefit I claim the laws confer upon her. I am disap- 
pointed, therefore, that these weeks of waiting, and repeated requests 
for official action, have brought me no formal decision of the appeal 
now pending before you. And I am the more surprised at this pro- 
crastination in view of the fact that yon have never given to me or to 
others, so far as I can ascertain, any intimation that you entertain a 
doubt as to the equity or legality of the claim i represent. On the con- 
trary, the remarks you have made at our various interviews, have given 
me the impression that you are satisfied that the demand made by the 
state is a just one, and others who have been with me at some of those 
interviews, and who at the time, suggested that if any doubt existed, it 
could be in a moment expressed, have siiared with me that impression. 

At hrst you stated that the amount involved is large, and that the 
payment of it might create some excitement. I answered that the 
amoimt in issue could not, properly, affect the decision of the case in 
any way, and that the real question is and was, what are you legally re- 
quired to do, and not what may be the consequences of the discharge 
of your duty. 

At another time you advised mo to sue out a writ of mandamus^ but 
it ajjpeared to me, aside from insuperable legal objections, that a writ of 
mandamus could not, if granted, make more clear my right to ask from 
an a])pellate tiibunal the decision of an appeal properly taken. 

Subsequently, you interposed other obstacles, and among t'lem the 
suggestion that the President might feel some delicacy in having a 
decisioii made in favor of his own State, and that you also felt some 
hesitation in making a decision that might determine the rights of the 
State of Indiana, the place of your residence. To such excuses there 
can be but one reply. The duty of executive officers in construing and 
executing laws cannot be affected in any way by extraneous circum- 
stances, or by the individual peculiarities in the relations of the officers, 
and it would l)e strange, indeed, if a State could be deprived of the 
benefits of legislation, simply because it happened that one of the citi- 
zens of the State was the executive officer charged with the execution 
of the law. The character of the law affixes no responsibility to the 
officer, neither is there any discretion given to the Executive to suspend 



u 

■the solemn enactments of the legislative department. When an appeal 
is taken from a subordinate officer to a higlier one, if the one to whom 
an appeal is taken, arbitrarily refuse to consider the appeal, of what 
avail is the legislation providing for it ? I do not charge that your delay 
had such intentional effect, but I do say that such is the practical 
result. 

Learning that you intended to take your departure for Indiana, on 
Saturday evening, the 7th inst., I m.ade two special efforts to obtain a 
decision before you left, but was unsuccessful. I even asked tliat, in 
the event that you were unwilling to decide, you would refer the case to 
your learned and ; ble assistant, judge Otto, or that you w'ould. make an 
agreed case and submit it to the Court of Claims. These requests you 
also declined. With deference, I ask if such treatment is just and 
respectful to a sovereign State? I make no complaint of the inconve- 
nience I have personally suifered, although I came a distance of twelve 
or fifteen hundred miles to urge the rights of Illinois, under an appoint- 
ment from her Governor, and remained here greatly to the injury of my 
health. 

I have presented the foregoing considerations without any unkind 
feeling, and only because the interests of my State seemed to demand 
that I should not fail to express my dissatisfaction at your course. 

There is one other matter to which I wish to call jour particular at- 
tention. On Saturday last, the day you left for Indiana, I called at your 
office, and you informed me that "the claim of Illinois for the two per 
cent, fund had long ago been disposed of at the Treasury Department, 
on my application." I replied that it must be a mistake, as no apjjlica- 
tion i had made had ever reached that department. You affirmed that 
it was so, and referred me, for a coniirmation of the statement, to Judge 
Otto, the Assistant Secretary, saying that he had a paper or document 
to show it. I went immediately to Judge Otto's room and informed 
him what you said. He at once replied that you were mistaken, as I 
knew you must be. Upon further inquiry, I was informed that the 
paper or document you referred to was the opinion of the Comptroller 
of the Treasury, to the effect that Missouri was entitled to the two per 
cent, fund on the lands sold in that State — a paper exhumed from the 
Treasury Department by a land office clerk, and transferred to your de- 
partment, to fnri\ish an insurmountable obstacle in the way of the rights 
of Illinois. The subsequent examination I made on Monday, disclobcd 
the fact that it was not in any sense an official paper; that it was no part 
of the Government archives, but was the private property of Colonel 
Wm. II. Jones, for many years chief clerk in the otiice of the First 
Comptroller, and now the acting Comptroller; a paper prepared by 
Colonel Jones ibr his private information and satisfaction, in view of 
the fact that a difference had arisen between himself and Governor 
Medill, (at that time the First Comptroller,) who constantly urged that 
if Missouri obtained the five per cent, the other States were legally 
equally entitled to it, as to the right of the State of Missouri ; which 
question, that is the claim of Missouri, had been referred to the Attor- 
ney General for his opinion. Subsequently, the private views expressed 
by Colonel Jones in the said paper, were sustained and approved by the 



■■ 



25 



Attorney General, as appears f"- -/«^f ,^<^f,ratn "ng^ir iXZ 
pepart,nent ^^^^^^^^^ , ";, S y'ou s^t me rSative to tl.e 
Sfi,rc:i Missouri for%wop:r cent. IL sales of publiclands, and am 

^'T; r tc^^nt" VadtltntSl paper it oonld not be nsed 
■ ?' -I 7^ t Estate of Illinois. Her interests were in no way m- 
T"'i"wftl those TmIouH, nor conld a decision in regard to the 
volved witli tuose oi f^'~" , .' „ ,,,• • However, as yon deemed 
ric4its of Missouri affect the rights o'i"'"°'^-.^,^?„;,l ',•„.■;„ it briefly 

the Cumberland-commonly <^^"^^ the Natioiul l.oad determination 
rr re::f ilSonTrilfhf :;f im&^^'^efer to it as a matter 
''^r^:^^"^^! ^ Confss - thyiation^ roaa w^^ 
one of $30,00U, made by ac of Ma ch ^^^ ^^^'^ZXgi<^\^tnre to 

^'frr^h'Soraidror 'd\" t™ 0,^^^^^ between tge National 

establish YJ"«''^(? ' "\";^, Two per cent, of the money arising horn 
capital and the Uliio nY"-'- ^J"^,. (-.v;. ,„as reserved to reimburse 
thi sales of P''Wicl»d« '° f^gStat^ "'^O*.!^^ ^^^^^ „^^^„ j„ 

the treasiuy. ''f ^n ?be ^atte/yla Con^ss passed a law to extend 
5^dra,«rd^Sr^ 

fref-KaitU.r;ran:sr^^^^^^ 

Missouri, through tlie seats »* g»™™"«"'„^ wbich period the under- 

c^'^z:::^:^^:^^r:Az^^^^^ ^ ^epuce 

tlie amounts expended. .m, AT^rvland Vmnnia, Pennsyl- 

"^nltU^rneXt e^^^^^^^^^^^^^ 

kti i='f ^r ?^HEt^i4;ii;^s ^ 

stand on equal ground The Geneml {^^.^^^^^f^^^ 'by constructing 

iisiii^;:;^^^^^^^^^^^ 

than it compUed with its promise to Missouri. The a''^^^"^^^^ P^^^^^^ 
£ini^;iin'^Oh?fSr^^^^^^^^^^^ 



26 

is abimt iive times the amount of her two jxm- cent. tuml. The sum ex- 
pended in Indiana vastly exceeds the amount sj'cni in Illinois, ami is 
verv hirgely in excess o\' her two per cewt. fund, heiuii- two and a halt' 
or three times as mucli, wliik^tlie anunmt /r<r.sY<iv/ in Ilhnoisdoes m)t very 
greatly exceed the sun\ <\\w from tlie sah's of the ],Md>iic hmds. I can 
see no reason tor so unjust a discrimimition aii'ainst Illinois, and certainly 
the same reasons that led (\>hu>el <lones to the conclusion that Missouri 
was entitled to the two percent, fund, support M'ith equal force thi' claim 
of the State of Illinois. 

Arjain, Couixress jrave the National rc^ul, i>r those portions of it lying 
■uitlun the States i>f Maryland, \'irg-inia, Pennsylvania, Ohio and In- 
diana, to those States res}>ectively, and each oi' said States, by sidemn 
acts of their respective Lei::islatures, accepted the tlonations, and estab- 
lished toll-i^ates. No such lejiislation wai; had in regard to llli!u>is, nor 
did her Legislature accept the work within her liniits, thus showing con- 
clnsivelv that Congress regarded what had been done in that State as 
valueless, and the State herself has always so considered. Hence her 
"equity" survives, and her claim is a well founded and subsisting one, 
and coidd not have been invalidated even by a donation o[' the road 
from Congress. The road was surrendered to C>hi(» under an act ap- 
proved itarch 2d, 1S31. By acts of June 2-tth, 1834, and March 3d, 
1835, it was surrendered to the States of ^Maryland, N^irginiaand Penn- 
sylvania. I have been unable to lay my hand on the law surrendering 
to Indiana that portion oi' the road lying within her limits, and the act 
of her Lei2;islature acce}>ting it, but they are iloubtless familiar to you. 

Colonel Jones is mistaken when he says the rnite^l States "t'cded all 
their interest in it, (the road,) whether finished or ni tinished, to the re- 
spective States within which it was laid out." The legislation was con- 
lined to that part of the work which was available. To have gone be- 
vond this would have been useless and foolish. Col. Jones is also mis- 
taken when he says that the appropriations for the road, maile after 
lS2o, were all expeniled within tlie states of Ohio, Indiana and Illinois. 
Large sums were expended east of the 0\\'\o river, and expenditures 
were nuide in that direction until the work was abandoned, or until 
within a short time of such abandonment. It is but just to add, that 
when considering the claim of Missouri, apart from the cltiims of Ohio, 
Indiana and Illinois, Col. Jones' reasoning is sound and his views are 
just and discriminating. 

It is proper for me now to show how these facts are rel; ted to the 
case I present. The sixth section of the enabling act for Illinois reserves 
two per cent, of the proceeds of the ]mblic lands to construct roads 
"leading to said State." Of course such roads were to ho Jree public 
highways. Congress had no power to take the Illinois two per cent, 
fund to' build private tui-npikes in Indiana. Ohio, or any other state. 
How could it ]M"i>tit Illinois to have a road leading to her borders, upon 
which tax-ii'atherers sit a few miles a]iart, tt^ collect tribute from her citi- 
zens? Such a roail is a ]H-ivate one, anil is the private pro]>erty of the 
state or of individuals. Congress, by express legislation, has made the 
National Koad the private property of the states through which it passes, 
and the states possess and control the respective parts as their own. Is 



27 

it then an atiHWor to t.hccluiin of'tlic SfHio of Illitioin, t.lial hIic in burrod 
by tluj hcnclitH conferred ii|>on otIierH, in violation of a oornjjact HubhiHt- 
\ii^ between the (iencjral ^/overnnient and h<;rholf'!( In tlie money of 
the State to be taken for the iiBe of other stateH, or wanted within her 
(;wn bonndari(;H, without cofiHultin^ h(;ri? I do not know what viewH 
otherH may hohJ, but it docH not neeui to me that Huch a j^oliey ban any 
foundati(jn in law or equity. JIlinoiH agreed witli the LFnited 8tat(;H, as 
a coriBideration for the live per cent, set apart in her enabling act, that 
nhe wouhJ not tax the public landH for or during the term of fiv(; yearn, 
from and al'ter the day of hale ; that th(; military landH <A' the State, while 
th<jy remainerj in th(; handK of th(} [>at(jnteeH, <ir their heirn, hhould not 
bo tax<jd for three; y<;arB ai'ler the date of the j>aterit(S reHp(;ctively, and 
that lafiiiH of non-reHid(;ntH Hhould not be taxed higher than the landn of 
rcHidentH. ThiH agreemc^nt the State ha.s faithfully kept, and now only 
ankB the «amo obftervance of ItH laitii and [iromiBC on the part of the JNa- 
ti<jnal Goverjjrnent. If tlie road wan "to be extended to tlie fjermanent 
Heat of governtnent of the htate of MiHHOuri," it waB alHo to pahH through 
the (Jaj^iful and State of lllinoiH. InuHinuch aH it did neither, and waH 
only jmrtially conhtructed, in tb<; imuitn's her(;inbefore described, and 
tJKj work actually done being valuelcHB, for tlie reaKon that it waB not 
comr>leted according to agreement by the (Government, IllinoJB liaB cer- 
tainfy hh Htrong an '■'■equitable'''' right to the two per cent, fund aB that 
of any Btatcj that Bucceeded in obtaining it. I have lieretofore nhown 
that all but thr(;e Htat(;B in which public lamJB lie have received it. Jler 
le(jal right to it Ih <;<jually clear. In my communication to you, of th(i 
20th ult., I briefly in<Jicated the pointB uj>on which J rely. I will now 
add Homething to the conBideratioiiH then [neHented. In d<Mng no, how- 
ever, I Bhall not revert to what tin; ComrnihHioner of the General J^and 
Office haw or liaH not done under the law, aB it cannot in any way afffict 
tlie iBBue now mad(;. I will, nevei'tlielcBH, ex[jreBB my dibhent fj-om ilie 
opinion expresned by the CommiK.sioner in IiIb letter to me urid(;r riate 
of February l.'i, I8O0, wherc-in he Hayw, "the; actB to wliich you refer re- 
late to moneyB r<;c(;iv(;d by thci (iovernrtient for landw which had been 
renerved for certain Indian triben." Upon every principle of conbtruc- 
tion, technical or juBt, they are curaul/itive^ and liave a wider scope and 
a deeper Bigniticance than the; CommiBnioner iB willing to accord to them. 
The; Hon, ThomaH A. IlendrickH, I'ormerly CommihBioner of the Gen- 
eral Land Oflice, and now IJnit<;d StatcB Senator from the Btate of Indi- 
ana, in a l<;tter to me, held the lo]|<>vving language, oihcially : 

Gkneual La.n'o OiricK, January 8, 1858. 
Hon. I. N MoituiH, 

ll(/ijbHt of liepresenUitives: 
SiK — I have the honor to acknowledge the receipt of your letter of 
ycBterday, in which you in<juire whether the governnKTit will be pre- 
}>ared to pay over to the State of lllinoiB the two per cent. fund, to 
which Bhe will l^e entitled in virtue; of the act ol" April 18, 1818, for her 
adminbion into the; Union, when th<; name bhall have been abcertained, 
as required by the act of the od of March, 1857, and tlje tald act of 
adniibbion. 



In reply, I have to state that the amount you refer to shall be adjusted 
as soon as the great pressure of business will admit of it, and I am not 
aware of any reason for withholding payment of the amount to which 
the State may be entitled when the same"^ shall have been ascertained, 

I am, sir, very respectfully, your obedient servant, 

THOS. A. HENDRICKS, Coinmissianer. 

One of your predecessors, the Hon. Jacob Thompson, in an opinion 
which is upon record in your department, construed the law of March 
3, 1857, providing for the settlement of the tive per cent, account of 
Mississippi and other states, as giving to that State and to Alabama the 
five per cent, on lands located within their limits with Indian scrip. In 
that opinion he says: "This same principle of adjustment,'' (meaning, 
as Col. Jones welf remarks, what amount may be due Mississippi and 
other states for the two per cent, reserved) " the second section of the 
act under discussion, exteyuU to he applied to the settlement of the Jive per 
cent, account of the OTHER STATES.'' 

Again he says: "Thus as regards justice and right, Alabama and 
Mississippi are entitled to a liberal construction of the acts of Congress 
of March 3, 1855 and March 3, 1857, and as a matter of equity between 
these two states as claimants against the United States, and as between 
them and the other states of "the Union, all are entitled to the same 
equal and liberal construction in carrying the act of 1857 into elfect." 

That Mr. Hendricks and Mr. Thompson were right in their views of 
the act of 1857, there can be no doubt. I have already verbally 
explained to you why the claim of lUinois was not paid under Mr. 
Buchanan's administration. 

For further expression of my own views concerning the legal question 
involved, I respectfully again refer you to my letter to you bearing date 
February 20th. In view'of the opinion I entertain of your legal ability 
and experience, I do not deem it necessary to discuss more fully the 
construction to be put upon the law. 

I beg leave to call your attention to a letter filed with you, dated 
February 23, 1863, signed by all the members of th« late Congress from 
Illinois, and by Gen. Farnsworth, Judge Norton and Col. Morrison, 
members elect of the 38th Congress, expressing the opinion that the 
State is legally and equitably entitled to the two per cent, under existing 
laws, and urging the payment of the amount. 

The present Commissioner of the General Land Othce while diftering 
from me in the constrnction of the acts of 1855 and 1857, says, in a 
letter dated General Land Office, February 14, ]8t)3, and addressed to 
the Hon. John F. Potter, Chairman of the House Committee on Public 
Lands : " There is no reason known why the State of Illinois should 
not stand upon the same fo^iting as the State of Missouri, in regard to 
which latter Congress has given a })rccedent by the act of February 28, 
1859." Adopting the view expressed by the connnissioner, the Com- 
mittee on Public Lands in the House unanimously instructed their 
chairman to report a joint resolution and reconnnond its passage, fur- 
nished by the Commissioner of the General Land Office, directing as a 
matter of justice and right, the payment to Illinois of the two per cent. 



39 

The chairman of the committee was firm in the belief that existing laws 
required tlie i)ayrnent of tlie niODOiy, and the ref-olution could only be 
valuable, inaBmuch an it might overcome the f-cruples of the commis- 
Bioner and obtain a statement of the account. The committee, however, 
from the time the roKolution was agreed on had no opportunity to report. 
Indeed, I myself, requested Mr. Potter to withhold it, as upon consulta- 
tion with Mr. Washburne ami others, it was thought unnecessary and 
unwise to duj)licate existing legislation. It may n<^t be out of place to 
remark that the mere liu-.t that the representative's of one State obtained 
the passage of a joint resolution by Congress to compel a reluctant 
officer to do his duty cannot invalidate the rights of other states under 
existing laws. 

In conclusion, I will say that I think I have shown clearly, 

1. That the State of Illinois is equitably entitled to the payment of 
her claim. 

2. That she is hgnllij entitled to the payment of it. 

3. That th(; President of the United States, the late Secretary of the 
Interior, Mr. Thompson, the late Commissioner of the General Land 
Office, Mr. Hendricks, the delegation from Illinois in Congress, and the 
House (Jommittee on J^ublic Lands, and all other persons to whom the 
question has been officially or unofficially j)resented, excepting only the 
present Commissioner of the General J^and Office, consider the existing 
legislation sufficient to secure the rights of the State and the payment 
of the claim. 

4. That the present (Commissioner of the General Land Office 
■unequivocally admits the equitable character of the State's claim. 

AVithout adding anything to these considerations, I leave the interest 
of Illinois to you, in contident expectation of a just and equitable 
decision. All of which is respectfully submitted. 

I. K MOPJilS. 

My letter of March 10th, seemed to be demanded by the supposition 
that I should not be able to wait in Washington until the Interior Sec- 
retary's return from Indiana, and from the additional consideration that 
the paper prejjared by (Job Jones was given an undue imjjortance 
against the rights of the State, and made it necessary that 1 should 
discuss more in detail than 1 had done, or proposed to do, the question 
of the National lioad. 

Wearied with unnecepsary delay at the Interior Department, I deter- 
mined to take an appeal to the President. After calling several times 
without seeing him, and being afterwards too much indisposed to leave 
my room, I ]>repared and placed in the hands of Hon. P. Vy. Fouke the 
following paper, which he read to the President on the 2yd of March, 
instead of the 20th, as that was the first interview he had with him after 
a persevering effijrt of ten days to obtain one: 

Mr. President — I sincerely regret the necessity of again troubling 
you with the business pertaining to Illinois, intrusted to me by Gover- 
nor Yates. Nothing but an imperative sense of ])ublic duty could 
induce me to do it. At our interviews I cheerfully admit you have 
treated me and the subject with great frankness and justice ; for you 



30 

not only heard my presentation of the case with patience, but at once 
decided that tlie State was entitled to the benelit which I insisted the 
laws confer upon her. W you had not so determined, the claim would 
not have been pressed. You liave also, with the most commendable 
candor and fairness, (2;iven to others the same construction to the laws 
that you did to me. I am therefore surprised that after weeks of patient 
waiting, the Interior Department has not decided the appeal, involving 
the claim of the State now pending before it. To obtain a decision, I 
have resorted to every respectful and honorable means without success. 
First one pretext and then another has been interposed for delay, which 
it is not recpiisite I should detail to you. I am persuaded the delay has 
not arisen from want of time, for the Interior Secretary has found leis- 
ure to quit the post of his official labors here and go to Indiana to attend 
to private professional business there, leaving the case of Illinois, which 
it would have taken but a moment to determine, undisposed of. Hence 
there must be some other motive or reason for his course not now 
necessary to inquire into. 

On Friday last, the 13th instant. Governor Yates, then being in "Wash- 
ington, telegraphed to the secretary that as he was absent, he would 
be obliged if he would allow his assistant secretary, Judge Otto, to 
decide the case. The secretary replied that Judge Otto might do so if 
his other duties would permit, but the Judge declined to act. 

Des]>uiring of obtaining a decision from the Interior Department, and 
no sufficient reason being assigned by the secretary for the procrastina- 
tion, I appeal to you sir, to see that justice is done to Illinuis I believe 
this is tlie only hope she has of having it awarded to her. I make the 
appeal with the full confidence and belief that you will direct that the 
laws shall be executed. Your impartial justice and high sense of pub- 
lic duty afford a sufficient guarranty of your action in the premises. 

My health is bad, and if I leave here without the account being made 
up and reviewed by the P'irst Comptroller of the Treasury, whicli I will 
have to do uidess the matter is disposed of soon, the probability is the 
business will remain just where 1 left it. As it now stands, I shall only 
be able to report to the Governor, and throu^Ii him to the Legislature 
and people of Illinois, that your secretary has crushed under his feet, 
and refuses to give practical effect to laws which you have decided 
require the payment of the State's demand. I know of nothing more 
I can do. If I have been inijiortunate, it was because I thought the 
interests of njy State required it, and I believed myself unnecessarily 
delayed. 

On four occasions I have sought opportunities to personally present 
these views, but your t)ther engagements prevented. I have, therefore, 
reduced them to writing and placed them in the hands of Hon. P. B. 
Fouke, to read to you, as he has an engagement to meet you to-morrow 
morning. Your answer to him will determine my future action. I do 
not permit myself, however, to doubt but it will be favorable, and that 
I shall have the agreeable duty to perform of saying to the people of 
Illinois they are indebted to your promptness and justice for the recog- 
nition and enforcement of their long delayed rights. 

I. N. MOKRIS. 

Washington^ March 19, 1863. 



31 

The Presi(Te?it desired to l<now of Col. Fonke wheflier he appeared 
on behalf of the Srate. The Coh»nel rej)lied that he did, at my instance, 
which makes it proper to state what occui'red at the interview l)etweea 
them pertainiri*:; to the public business with whicii i was entrusted. 

As he had frequently done before, the President said that the claim 
of the State was all right — that irs payment was a mere question of 
time — that the pressure upon the Treasury at the present was so great 
that it could not be paid now very well, etc. He also said o Colonel 
Fouke that he had talked with Mr. Usher, liis Secretary of the Interior, 
on the subject, and that Ins secretary entertained prtcisely the same 
views of the laws uj^on which the el.mn of the Utate is based as he himself 
did — that he^ the secretary, had so said to him. It already distinctly 
appears in this report what is the President's view of the laws. 

Judge Otto, the able assistant secietary, I presume, agrees with the 
president and secretary in their construction of the law, for the secretary 
said to me that the Judge "believed the case a very strong one in favor 
of the State." It appears, therefore, that the administration of Mr. 
Lincoln is fully committed in favor of the State's claim, and that what 
I have accomplished so lar is : 

1. A respectful consideration of the State's demand. 

2. A recognition of its legality and equity. 

iiut one other question remains undisposed of. The administration 
having admitted the legality and equity of the claim, will they pay it? 
This they cannot avoid doing, except in one of two ways : 

1, By arbitrarily and willfully disregarding the provisions of a plain 
law which they have sworn to execute ; or, 

2. By pleading bankruptcy for the government in bar. 

"Will they do either? I have not yet seen anything to convince me 
they design to resort to such disreputable means. The payment of the 
claim is only postponed for a short time, as 1 understand the matter — 
the law not totally suspended. To attempt the latter would be a flagrant 
act of injustice and wrong, which any honorable government would 
scorn, and I have no belief that the administration intends that injury 
shall be done to the State. Mr. Lincoln did not, in my interviews with 
him, manifest any such disposition, nor have I any fear that he will. 
His Interior Secretary, I have thought and still think, resorted to 
unnecessary delay, but I do not believe he designs, in the end, to will- 
fully do the State a wrong, though when I addressed my communication 
to the president it seemed as though he did. The amount of the claim, 
in view of which he has two or three times threatened-to decide against 
the State, if forced to decide at the present, upon the exploded hypothe- 
sis of expenditures on the jSTational Road, is, I am now convinced, all 
that prevents his prompt action. Such a consideration, however, cannot 
long prevail against a well established and subsisting demand, nor do I 
think the secretary seriously contemplates it should. 

The following letter and my note relating thereto, will show the states 
which have received the Ave per cent.; and why should Illinois be 
turned away with her measure empty when others have been tilled? 
"Why should she be unjustly discriminated against ? Instead of the 
president subjecting himself to censure by having the demand paid, he 
should delight, and I think will delight, in the opportunity he has of 



rendering an act of iustice to his State, which has so often and faithfu Uy 
honored Tmn. At all eve..t., beinc. a citizen of IlhnoiS shonld not deter 
hmi from doing his duty by her, nor do I beheve it will. 

General Land Office, February 17, 1863. 
Hon. I. N. Morris : 

SiR_In reply to your letter of the 14th instant, I have the honor to 
inform you that the following named states have received trom the gen- 
er J^overnment five per cent, of the net proceeds of the sales ot public 
lankf viz "Louisiana, Arkansas, Michigan, Wisconsm, Kansas, Iowa 

and Minnesota.* , t i. *. 

Very respectfully, your obedient servant, 

J. M. EDMUNDS, Commissioner. 

I have mentioned that the magnitude of the claim was the only cause 
defayiJ' ^payment. I do not know that I can state to your Excel- 
lency he precise amount of it, but I can very nearly give it. The law 
of 1-857 lixs the value of all public lands at $L 25 per acre, as a bas^ 
for the computation of the live per cent. I obtained, when n Wa.h- 
ngton a tab^ilar statement, showing the -^-^^V^T^ 79 54 H 
of the three per cent, fund, the aggregate ot which is ^711^ l/^ »*• ^^ 
?le a- egate amount of the sales of the public lands should be equal to 
t1 95 i.e? acre which is probably just about the sum realized for 

fhem t^rj;.rV:. percent ^^^^ ^^^ ^^ ^^^^ 
$711 179 54, and is, consequently $^^4,119 69. lt_ ^hf :YfJ^-^l,^^ 
amoin received for the lands should be more than equivalent to %l 25 
^raci^e in that event the two per cent, would be something less than I 
have state t. The difference,"^ however, cannot be arge, it anything, 
and the claim of the State may be put down safely, in round numbers 
a^fou huXd\md seventy-four thousand dollars, iipon which interest 
oUrto be paid from the time I made the demand lor the money in 
Lpii'ilf of the State, December 12th, 1857. . . t^ ;i 

Wl e I michei Washington, on the 7th of February last, I found 
the JrimUt ng pist where^I had left it when my Congressional tenn 
expired hi 186irm. one having done anything aboutit, and I resumed 
tlZlZrlL^i of it at that point. I shall continue its P^'Of ^l^^ion u - 
the mmiey is paid, using therein my best endeavors and discretion 
S ckne s and what appeared a sincere and earnest desire on the part ot 
the dSnlt raU 1 for a short delay, were my only reasons lor returning 
hoU whe i d d. If the account is not made up within a reasonable 
Z. which I hope will be the case, I shall once more visit Washing- 
ton Imd ^10 uld I then again tail in obtaining the voluntary pay'^^f f 
the'deimu d from the Executive Department of the government, which 
clar3 w th the duty of seeing that the laws are ^'faithtuUy exec - 
ted''-f dn!^ I do not permit myself to anticipate-I shall adopt anoth- 
er course for" the recovery of the money. But I ought not to contem- 

m u u r .♦ ,„„ct ho iilded Alabama. Mississippi, Missouri, California and Oregon, 
J^:^^:. 'r'clvca' >tS.U^e pe, CO,.. ... Z.. on.U.ed W the ^eo™,nig»g^ .a 

Viia oMltpTriGnt. 



his siatemeut. 



33 

plate any adverse result. The possibility that the administration will 
compel the State to resort to compulsory means to obtain her admitted 
rights, is too remote to be seriously considered. For it cannot be that 
the President, who is so clear in his view of the law, will fail to see it 
executed. To refuse a compliance with its provisions would be a gross 
wrong, which it would be unjust to anticipate. 

My action in the premises, I trust, meets your Excellency's approba- 
tion, and, I hope, will redound to the honor of your administration and 
the interest of the State. 

I acknowledge with satisfaction, your energetic determination in the 
prosecution of the claim, and thank you for your confidence and valua- 
ble aid. 

All of which is respectfully submitted. 

I. N. MORRIS. 

QuiNCY, III,, Ajpril 1863. 



APPENDIX 



The follo^Y^n- correspondence, and the favorable action of tlie comnnt- 
tee on pi Wiclands, transpired through my agency ; but, «« I -^ve sta ed 
elBewhere, it was not thought best, upon more mature reflection, to ask 
Ln t^ her k^gislation frSm Congress, as that ah-cady existing wa. 
dSmed amply sufficient to secure "the payment of the State^ demand. 

In thisZnection, I cannot refrain froni spying that our f ^ te owe 
to Mr Potter, of Wisconsin, a debt of gratitude lor his prompt, ju.t a - 
liberai action' in her behalf, as chairman of the ^'-'--^^-Ji^j^\^f ^^^' 
lands, in the House. ^' * 

House OF Representatives, 

Washington Oiiy, Feb, nth, l^Oo. 

Hon. J. M. Edmunds, , r, 77- r 3 r,-m 

Commissioner of General rubUc Land Uffwe . 

SiR—WiU you favor me with a resolution which, in its terms, will 
authorize the payment of the two per cent, fund arising Irom the sales 
of public lands hi Illinois, reserved in the act admitting her into the 
Union, for road purposes, and which, in similar instances, has been re- 
linquished to or given to other new States. 

1 hope you will also favor me with your views upon the propriety and 
lUBtico of allowing said two per cent, fund to said btate. 
** Yours very respectfully, 

^ JOHN F. POTTER, 

Chairman Committee on Public Land^. 

General Land Office, Feb. 14, 1863. 

Sir- Pursuant to your request of yesterday, 1 have the honor to in- 
close herewith, a draft of a joint resolution in reference to the relinquish- 
ment of the two per cent, fund to the State of Illinois. ^ 

This resolve proposes to relinquish, upon the application o the l^ov- 
JA iSad o? pilrsuant to an Lt of the ^/^-^«^---- ^t^^ 7^ jl^ 
cation to avoid delay. There is no reason known why the St^t^ of 1 1- 
L,is should not stand upon the same footing m the matter, as the State 



^55 

of Missouri, in regard to \vhich latter, Congress has given precedent bv 
the act of February 28th, 1859. Stat's, vol. 11, page 388, chap. 65. 
AVith great respect, jour obedient servant, 

J. M. EDMUNDS, 

Comjniasiojier. 
Hon. John F. Po'itek, 

Chair' ih Com. on Public Lands, House of Hejps. 

Joint resolution in relation to the two per cent, fund due the State of 
Illinois,. unanimously agreed upon by the House comniittoe on public 
lands, and its passages recommended : 

liesolved hy the IScnate and the Ilause of Represeniaiives of the United 
States of Anwfiea in Congress assembled, That the })rinciple8 of the act 
of Congress approved February 28th, 1859, "giving the assent of Con- 
gress to a law of the Missouri ijOgi«lature, for the application of the re- 
served two per cent, land fund of said State," shall be applied to the 
State of Illinois, with this modific'.ation, that the relinquishment of the 
United States to the two per cent, fund contemplated in the third clause 
of the sixth section of the Illinois Enabling Act, approved April 18th, 
1818, shall take effect from and after the date of the acceptance of said 
relinquishment by the 6rVydmw of said State of Illinois, and the account- 
ing officer of the government shall thereupon adjust the claim of said 
State of Illinois in like manner, as directed by said act of February 28th, 
1859, in regard to the State of Missouri. 

The folluwing is a copy of the bill referred to in the foregoing report, 
and which 1 introduced into the House of Ilepresentatives. 

I. N. MOKKIS. 

A Bill authorizing the payment of the tvno jpet' centum land fund to 
lohich the State of Illinois is entitled, for road purposes. 
Section 1. Be it enacted by tlie Senate and Home of llejwesentativis 
of the United States of America in Congress assemMed, That the two per 
centum of the net proceeds of the sales of the public hinds in the State 
of Illinois, reserved by existing laws to be expended in said State, un- 
der the directions of Congress, for road purposes, be and the same is 
hereby relinquished to said State, and that the proper accounting offi- 
cers of the United States are hereby authorized and required to audit 
and pay the accounts in full for the same, as in the case of the three per 
centum land fund of said State, to the Governor thereof, or his author- 
ized agent. 



SUPi*LI<:MKNTAL REPOPJr 



ON TIIK 



TWO PER CENT. FUND, 

SUBMITTEl) TO HIS lOXOKLLENCY, 

II I (J H A II D Y AT ES, 

GOVEKNOP. OF TIIK HTATK OK ILMNOIS. 



Sru — I l)Og leave to Hubrnlt, rnoet rcBpectfully, a fmpplemental report 
in the inalter of the two per cent, fund, due from the United Htates to 
tlie State of IllinoiH, for road purposes. In Auf^ust last I a^j^ain repaired 
to Wafiliiri^tfrn, and cno;aged in the further active prosecution of the 
claim of the Stale; to Raid fund. As in February last, I found it restino; 
precisely wh(!re I liad l(;ft it in 18^1, so in August, I found it resting 
])recisely wlusro I. had left it in Uebruarj. (jrov(;rnmcnt functioriaries 
do not seem irifJiiied to disturb its repose unless they are urged forward 
to their duty with a pressing and ceaseless vigilance. 

I ant fully satisfied the Interior Department }iad determined not to 
decide the case pending before it, involving the State's demand, and 
that it never would liave been decided in tluit department but for a per- 
emj)tory order from the President to take it up and dispose of it. Even 
then, as soon as that order was given, in writing and verbally, to the In- 
terior Secretary, he left his official pof>t in Was}iingtf>n, and went to In- 
diana, as he liud done once before, and thus avoided acting upon the 
question himself, leaving it to be disposed of by his inferior officer. I 
leave such neglect of oIKcial duty — such contempt for the order of the 
President, and the respect which i« due to a sovereii^n State, to be judged 
of and estimated as your Excellency may determine. I will only state 
the facts, and leave others to draw couGlusions. 



ob 

A few days after my arrival in Waslunc^ton, I was ablo to obtAin an 
interview witli the President, and made to him the folU)\ving short ad- 
dress : 

ADDRESS. 

Mk. President : Each house of the General Assembly of Illinois, at 
their adjourned session in Juno, unanimously adopted a memorial ad- 
dressed to you, expressive of their earnest desire that you should see 
carried into effect the laws requiring the payment to tluit State of the 
two per cent, laud fund due to her from the General Government for 
road purposes. Each liouse, also, unanimously passed a resolution ap- 
pointino- me to lay before you, in person, their respective memorials, and 
I now })erform that duty. 

To attempt, on this occasion, a re-ar£i;ument in support of the claim I 
represent would be nothing more than a useless multiplication of words, 
as we have heretofore gone over the ])rc!)iises together, and the conclu- 
sion has been reached. I cannot, liov;ever, refrain from observing that 
objections have heretofore been raised in the Interior Department to 
acting on the appeal ].-)ending before it, which, to say the least, are re- 
garded l)y intelligent and legal minds as singularly strange to come from 
one of the executive otHcers of a great government. These objectioiiR 
have all been purely technical, and Jio one of them has any bearing 
against the legal or equitable character of the demand. It was said to 
me in that department that if some victories could be won they would 
feel more like paying the money. Those victories have been gloriously 
achieved by the Union arms, and liave rejoiced the heart of every true 
American, so that that objection no longer applies. Indeed, I insist 
that no objection which has been made, properly attaches to the case. 
It is now pending on an appeal, v/liich a certain law of Congress pro- 
vides for taking from an inferior to a superior tribunal, and according 
to the legal rule must be determined upon the record sent up. Any 
point made outside of the record is extra-judicial and improper. But if 
the objections were just and referred to the merits of the cause, the 
State would have less reason to complain. As they are not, and only- 
look to delay, I must, in the diser.arge of my public duty, protest against 
them. If I should fail to enter my dissent, my silence might be con- 
strued as acquiescing in their propriety. 

The memorials, Mr. President, which I have presented, are addressed 
"to you in your executive capacity. Illinois imderstands too well what 
is due to her own dignity and honor to request any special favor for lier- 
i^lf at your hands. If she did not* your own character is too well un- 
<Ierstood for her to nudce such an unwise attempt. She stands upon the 
law and the justice of her cause. As her agent, Mit)i the view of getting 
the opinions of distinguished jurists upon the legality and equity of her 
<ilaini, I addressed inquiries upon the subject to Judge Davis, of the Su- 
preme Court of the United States, Judges Drummond and Treat, of the 
United States District Courts for Illinois, Judges Walker and Catou, of 
tlie Supreme P)ench of that State, to the State officers and others;, and 
T50W respectfully lay their replies before you, from which you will see 
their views correspond with your own heretofore expressed, and sustain 
the eonstrmotion I have uniformly given to tlie laws upon which the 



39 

State's demand is baf-ed. Thus the judges I have named, the Executive 
of the State, the State oflieors, botli houses of the General Assemhly, 
and all the members of Congress from Illinois, unite in the opinion that 
existing legislation recj^uires the payment of the surn I am authorized to 
demand from the (-reneral Government. In my interviews heretofore 
with you touching the matter 1 have in hand, you have not only treated 
me witli great courtesy, but the State with entire fairness, and I was 
proud to acknowledge the fact in my report to Governor Yates. 

I know full well I have not brought to the support of the claim, that 
ability which its importance and merit demand; but I hope I can say 
without arrogance, that, if I liavo fallen short in this, I have done 
nothing in the premises to dishonor my State, or prejudice her interest. 

The result, Mr. President, is wdth you ; for it is to you the State looks 
for the fullillment of her too long delayed rights. Let me add, she does 
not expect to look in vain. I have now said, Mr. President, about all I 
deem it necessary 1.(» say, except to add, that the State ought not to be 
compelled, nor can I believe you will require it of her, to resort to com- 
})ulsory means to obtain her acknowledged, well established and just- 
due. She has furnished, under the volunteer system, in the present 
fierce and bloody war which traitors have so atrociously precipitated- 
upon the country, an excess of over forty thousand men more than her 
just projiortion, to uphold the Union and vindicate the National Flag 
and honor, and deserves well of the General Government. No other 
state has furnished so great an excess ; still she asks nothing for her 
prompt and generous contributions to patriotism — nothing more than to 
be placed upon an equal footing with other states which have received 
the full five per cent, of the net proceeds arising from the sales of the 
public lands wit;hin their respective limits. To withhold from her this 
equality, would discriminate to her wrong and injury. You will not 
deny her justice from motives of delicacy because you are her honored 
citizen. If she obtains it she will be entirely indebted to you for it. 

The following is a copy of the resolution and memorial adopted by 
both houses of the General Assembly, and duly authenticated tran- 
scripts of which I laid befor the President : 

Resolved. That the following memorial be sanctioned and confirmed, 
by this Senate, and that each member sign the same, and present it to 
the Jlon. I. N. Morris, requesting hitn to present the same in person to 
the President of the United States : 

Memorial of the General Assembly of the State of Illinois to the Presi- 
dent of the United States, asking for the payment to the State of the 
two per cent, fund arising from the proceeds of the sales of public 
lands, and due to said State for road purposes. 

Your memorialists, members of the Senate and House of Represen- 
tatives of the State of Illinois, earnestly, but firmly and respectfully 
request your excellency to carry into eftect the laws requiring the pay- 
ment of the two per cent, fund arising from the proceeds of the sales 
of public lands in the State since January 1st, 1819, and to which the 
State is legally and equitably entitled for road purposes. The argument 
in favor of the right of the State has already been made by her agent, 
I. IN". Morris, appointed by Governor Yates to establish and urge the 



40 

payment of the demand, so that your memorialists do not deem it requi- 
site to repeat upon the subject what has already been said, especially 
as your excellency has admitted the justice and legality of the Stale's 
claim. 

The simple question remaiuino; undisposed of is, will your adminis- 
tration pay the anuMuit which you admit is due ^ We submit that no 
consideration of locality or amount, no question arising- out of the war, 
no embarrassment of the treasury occasioned by other demands, can 
justify your subordinates in disregarding the plain provisions of the 
statutes which confer upon the State the right to the money. If an 
officer of the government charged with the execution of a law which is 
mandatory to'him, and for the passage of which he is in no wise respon- 
sible, can refuse to obey its commands, he virtually usurps the authority 
of the legislative department. 

Your menuu-ialists do not believe, nor do they charge that your admin- 
istration willfully designs to do our State a wrong, yet the fact is not to 
be disguised, that, unless the sum claimed, and which you admit to be 
due, is paid, a great and irrejnirable injury will be inllicted on Illinois. 

We are fully' sensible that justice to her has long been delayed, and 
now with the utmost coniidence appeal to you, not as her citizen, but as 
President of the United States, to perform a public duty, alike demanded 
by respect for the legislative department and justice to a sovereign and 
loyal State, with the fullest contidence and assurance that this appeal 
will be respectfully considered and the amount paid. 

Illinois has stood nobly by the Union in its present struggle, freely ex- 
pending her treasure and her blood in its defense, and at least deserves 
justice from the general govern nu>ut. We ask for her nothing more, 
and believe you will cheerfully grant her this much. 

JUDGE treat's letter. 

Springfield, Ills., May 19, 1863. 
Dear Sir — I have received and read your report to Gov. Yates, rel- 
ative to the claim of the State against the United States to the two per 
cent, fund, arising from the sale of the public lands. 

From the examination I have been able to give the subject, it strikes 
me that your conclusions are right, and that the claim is just. The claim 
is undoubtedly a valid one against the general governmei\t, unless it has 
disbursed this fund in the mode prescribed in the act admitting Illinois 
into the Union. It seems clear to my mind, that the act of March <)d, 
1857, is broad enough to require an adjustment of the claim, without 
any further legislation by Congress. 

Yerv truly vours, 

S. H. TREAT. 
Hon. I. N. Morris, Quincy, III. • 

JUDGE DAVIs' letter. 

Springfield, III., June 18, 1863. 
Hon. I. N. Morris, Qid7icy, III. : 

My Dear Sir — I have examined your report to Governor Yates, and 
cordially indorse the views of Judge Treat. 



41 

The claim against t?ie general government ffrom the examination I 
have given it,j is valid, if so, there can he no just reason why the 
State should not receive it. 

Most truly yours, 

DAVID DAVIS. 

JUDGE DEUMMONd's LETTEE. 

Chicago, III., Awjunt 6, 1863. 

Dkak Sik — I have not been able to examine as thoroughly a« I could 
wish the report you sent me and the various laws there referred to, but 
from tlje examination I ha/oe given them, the conviction naturally arises 
that the State has a just claim to the fund mentioned. As I understand, 
the law of 1857 was first introduced with particular reference to the 
State of Mississippi. Afterward the second section was added by way 
of amendment, and the title of the bill changed so as to make the law 
general. It certainly includes witliin its scope and. meaning the State 
of Illinois, and it was intended to include it, because Illinois was in the 
same legal condition as Alabama and Mississippi in respect to the sub- 
ject matter of the bill, and a discrimination against Illinois would have 
been unjust. Then the language of the law is imperative to the com- 
missioner, ^^fihall state on account, and s/uiU allow and pay * * * 
such amount as shall thus be found due." 

In the limited time that I have had to look into the question, I have 
considered some of the oljjections made to the claim, and certainly they 
do not appear to have much force, and one feels the more confirmed in 
the impression which, I think, must be made upon every mind on a cur- 
sory investigation of the subject. 

Of course I do not wish to be understood as expressing a deliJjerate 
opinion, hut only as saying that the arguments in support of the claim 
seem to have very great force, and no satisfactory answer has occurred 
to me with which to meet them. 

I am, very respectfully, &c., 

THOMAS DRUMMOND. 

Hon. I. N. Morris, Quincy^ 111. 

JUDGES WALKER AND CATOn's LETTERS. 

RusiiviLLE, III., ^vm,e 22, 1863. 
Hon. I. N. Morris : 

Sir — After a careful examination of your report to his excellency, Go- 
verner Yates, in reference to the two per cent, fund arising on the sale 
of public lands, claimed to be due to the State, I fully concur in your 
reasoning and conclusion. I regard the claim as just, and have no doubt 
it should be paid without further legislation. The act of the 3d of 
March, 1857, it seems to me is ample in its provisions, not only autho- 
rizing, but requiring its payment. 

i am, sir, witli respect, yours, &c., 

P. H. WALKER. 
I fully concur in the above opinion expressed by Mr. Justice AYalker. 

J. D. CATON, Chief Justice. 



42; 

The letter signed by the state officers, to which was added the highly 
respectable and intiuential name of Hon. "William Butler, late State 
Treasurer, was sealed up and directed to the President, so that I was 
not able to obtain a copy of it, though I saw it after it had been pre- 
pared in Springfield, ancl knew its contents. It was signed by Auditor 
Dubois, Secretary Hatch, Treasurer Starne, and Mr. Butler, and was an 
appeal to the President to execute the laws and pay to the State the 
money claimed to be due. 

After submitting the memorials and accompanying documents to the 
President, I waited a reasonable time and then called upon hin-c to learn 
his conclusion. Upon sending him my card, he indorsed thereon the 
following words, and returned'it to me : 

" I sent your case to the Secretary of the Interior yesterday, and have 
not yet heard of it. 

A. LINCOLN. 

August 24, 1863." 

The foregoing led to the following brief correspondence. 
To President Lincoln: 

I hardly know how I am to understand your note. Must I infer from 
it that I am referred to the Interior department, or must I wait upon 
your excellency until you hear from the department? When may I ex- 
pect a definite answer? 

Yery respectfully, 

Aug. 25, 18G3. I. N. MORRIS. 

Executive Mansion, "Washington, Aug. 26, 1863. 
Hon. I. N. Morris : 

Dear Sir — Your note, asking what you were to understand, was re- 
ceived yesterday. Monday morning, I sent the papers to the Secretary 
of the Interior, with the endorsement that my impression of the law 
was not changed, and that I desired him to take up the case and do his 
duty according to his view of the law. Yesterday I said the same thing 
to him verbally. 

Now, my understanding is, that the law has not assigned me, specifi- 
cally, any duty in the case, but has assigned it to the Secretary of the 
Interior. It may be my general duty to direct him to act — which I 
have performed. When he shall have acted, if his action is not satis- 
factory, there may, or may not, be an appeal to me. It is a point I 
have not examined, but if it then be shown that the law gives such ap- 
peal, I shall not hesitate to entertain it when presented. 

Yours truly, 

A. LINCOLN. 

Washington, August 26, 1863. 
To His Excellency, Abraham Lincoln, 

President of the United States: 
Dear Sir — Your letter of this date has just been placed in ray 
hands by your private secretary. It is all I expected you now to say — 
full, complete and just in its spirit and sentiment. In behalf of Illinois 
I return you her grateful thanks for it. 



43 

Witli distinguished consideration and respect, I remain your obedient 
servant, I. N. MORRIS. 

Thus matters stood awaiting the decision of the appeal in the Interior 
Department. While the case was still pending there, I discovered that 
our State had a small amount of Indian reserved land within her limits, 
upon which no part of the five per cent, had been paid, and I commenced 
the prosecution of a claim for the per cent, on that also. The result of 
my labors in that regard will bo found in detail in the conclusion of my 
report. 

At last, after more than six months of constant urging, the Interior 
Department rendered its opinion in obedience to the mandate of the 
President, and here it is : 

OPINION OF THE ASSISTANT SECRETAEY OF THE INTEEIOK IN THE MATTER OF 

THE CLA.I3I OF ILLINOIS. 

Department of the Interior, August 31, 18G3. 

Sir — I herewith return the papers accompanying y-our report upon 
the appeal prosecuted by the Hon. Isaac N, Morris, attorney for the 
State of Illinois, from your decision, disallowing the claim of that State 
to two per cent, of the net proceeds of the public lands therein situate, 
sold since January 1, 1819. 

I approve and affirm, your decision. 

I transmit you several communications that have been filed in this 
department during the pending of the appeal, and a copy of a printed 
report made by Mr. Morris to the Governor of the State of Illinois. 

The President of the United States has referred to this department a 
communication, addressed to him by Mr. Morris, inclosing the memorial 
of both branches of the General Assembly of Illinois, and sundry opin- 
ions in favor of her claim upon the case stated by Mr. Morris. 

These opinions emanate from several distinguished jurists of that 
State, embracing some of the m.ost honored judicial names in the Union, 

The signal ability evinced by Mr. Morris in the prosecution of the 
claim, the large amount which it involves, the high respect due to the 
eminentiy loyal State which prefers it, and the imposing array of 
authority enlisted in its support, render it peculiarly proper that I should 
state fully the reasons which have led me to a conclusion adverse to its 
validity. 

The asserted right of Illinois to the fund in question, is derived from 
certain acts of Congress, which, it is alleged, authorize the payment to 
her of tlie two per cent, reserved, to be disbursed under the direction 
of Congress, as provided in the Sd clause of the 6th section of the act 
of Congress of April 18, 1818, entitled "An act to enable the people of 
Illinois Territory to form a constitution and State government," etc, 
(Statutes at large, volume 3, page 428.) The clause is in the following 
words : 

"Third. That five per cent, of the net proceeds of the lands ly'ng 
witiiin such State, and which shall be sold by Congress, from and after 
the first day of January, one thousand eight lumdred and nineteen, after 
deducting all expenses incident to the same, shall be reserved for the 



purposes following, viz : two-fifths to be disbursed, under the direction 
of Congress, in making- roads leading to the State, the residue to be 
appropriated by the Legislature of the State, for the encouragement of 
learning, of which one-sixth part shall be exclusively bestowed on a 
college or university." 

This proposition was, with others offered to the convention ot the 
Territory of Illinois for their free acceptance or rejection, and, if accep- 
ted by the convention, was to be obligatory upon the United States and 
said State. 

The proposition was accepted, and the State of Illinois was, by reso- 
lution, approved December 3, 1818, declared to be one of the United 
States of America, etc., etc. (Statutes at large, volume 3d, page 536.) 

By an act approved December 12, 1820, (Statutes at large, volume 3d, 
page 610,) Congress provided for the payment, by the Secretary of the 
Treasury, to the authorized agent of tlie State of Illinois, three per cent, 
of the net proceeds of the lands of the United States lying within that 
State, which, since the first day of January, 1819, had been or should 
thereafter be sold by the United States, to be applied to the encourage- 
ment of learning in conformity with the preceding clause. 

The provision of the act requiring an annual account of the applica- 
tion of the money to be transmitted to the Secretary of the Treasury, 
and directing the payment of the sums then due, to be withheld, in 
default of such return being made, was repealed by the act approved 
January 13, 1831. (Statutes at large, volume 4, page 430.) 

The fidelity with which the general government has perfonned the 
stipulation in regard to the payment of the three per cent., has not been 
drawn in question. The State of Illinois has received on that account 
$711,179 64. 

The phraseology of the clause is too clear to allow much room for 
construction. In terms as apt and imperative as those providing for the 
appropriation, by the State, of the three-fifths of the five per cent, of 
the net proceeds. Congress reserved the direction of the disbursement 
of the remaining two-lifths, in making roads leading to the State. 

By an act approved May 15, 1820, Congress j^rovided for the appoint- 
ment, by the President, of the commissioners to lay out a road between 
Wheeling, in the State of Virginia, and a point on the left bank of the 
Mississippi river, to be chosen by the commissioners between St. Louis 
and the mouth of the Illinois river, and appropriated ten thousand 
dollars to defray the incidental expenses. By a proviso, annexed to the 
second section, it was declared that nothing m the act, or that shculd be 
done in pursuance thereof, should be deemed or construed to imply 
any obligation on the part of the United States to make or defray the 
expenses of making the road thereby authorized to be laid out, or any 
part thereof. (Statutes at large, volume 3, page 604.) 

The preceding legislation of Congress, making appropriations for the 
construction of a road from Cumberland to AVheeling, expressly provi- 
ded that they should be chargeable upon and reimbursable at the treas- 
ury, out of the fund reserved in the enabling act, under which Ohio 
was admitted into the Union. 

By the act of March 3, 1825, (Statutes at large, volume 4, page 128,) 
the sum of |150,000 was appropriated for constructing a portion of this 



45 

road, ''which said sum (it is therein stipulated) shall be replaced out of 
the fund reserved for laying out and making roads, under the direction 
of Congress, by the several acts passed for the admission of the states 
of Ohio, Indiana, Illinois and Missouri into the Union, on an equal 
footing with the original states." 

Additional appropriations, amounting to one million, one hundred 
and thirty thousand dollars, (1,130,000,) chargeable upon the same fund, 
were made by subsequent acts of the following dates : 

March 3, 1825, March 25, 182G ; March 2, 1827; March 2, 1829; 
May 31, 1830; July 2, 1836; U. S. Statutes, volume 4, pages 128, 151, 
215, 352, 427, volume 5, page 71.) 

Other acts of Congress, bearing dates respectively, March 2, 1831 ; 
June, 24, 1834 ; Marc-li 3, 1835 ; March 3, 1837 ; May 25, 1838 ; (11. S. 
Statute, volume 4, pages 469, 680, 772, volume 5, pages 195, 228,) 
appropriate the further sum of one million, eight hundred and tiiirty- 
four thousand, nine hundred and fifteen dollars and eighty-five cents, 
(^1,834,915 85,) and make it chargeable to the two per cent, fund of 
Ohio, Indiana and Illinois, and specify the amount that shall be expen- 
ded in each of those states. 

The aggiegate amount thereby appropriated for the road within the 
State of Illinois, appears to be $006,000, and it is a conceded fact that 
the total expenditure within the tliree states of Ohio, Indiana and Illi- 
nois, largely exceed the reserved two per cent, fund of those states and 
Missouri. 

Mr. Morris remarks that the claim of Illinois " may be put down 
safely in round numbers at four hundred and seventy-four thousand 
dollars, ($474,000.) A larger sum has been appropriated for the con- 
struction of the National Road within her limits, and her fund is 
chargeable with her just proportion of the one million, two hundred 
and eighty thousand dollars, (|l,280,000,) appropriated by the acts first 
above referred to. 

It thus appears that the general government has discharged its obli- 
gations in regard to the exjxjnditure of the fund. No part of it remains 
in the treasury, nor has one dollar of it been diverted from the object 
for which it was reserved. 

After the fund, specifically applicable to the construction of the 
National Road, had been exhausted, and no further appropriations were 
made for that purpose, Congress, on the ninth of May, 1856, (Statutes at 
large, volume 11, page 7,) i)rovided that: 

" So much of the Cumberland Road as lies within the State of Illi- 
nois, and all the interest of the United States, in the same, together 
with all the stone, timber and other materials belonging to the United 
States, and procured for the purpose of being used in the construction 
of the same, and all the rights and privileges of every kind belonging 
to the United States as connected with said road in said State, be and 
the same are hereby transferred and surrendered to the said State of 
Illinois." 

No act is cited by Mr. Morris, whereby Congress has in express terms 
relinquished its control over the fund or authorized its payment to the 
State of Illinois. He states that the laws, upon which he bases the 
claim of the State, are as follows : 



46 

"An act to settle certain aceonnts between (he United Statct^ and the 
State of Mississippi, and other states." 

"^<? it tmaettd, tic, etc.^ That the Connnissioncr ot the Cleneral Land 
Office, be and he is hereby required to state an acconnt between the 
ITnited States and the State of Mississippi, for the purpose of uscertain- 
iuix what sum or sums of money are due to said State, heretofore unset- 
tled, on account of the public lands in said State, and npon the same 
principles of allo^Yanco and settlements prescribed in the '' Act tt> settle 
certain accounts between the United States and the State of Alabama," 
approved the second of March, eighteen hundred and tifty-live; and 
that he is required to include in said account the said reservations under 
the various treaties with the Chickasaw and Chocktaw Indians within 
the limits of Mississippi, and allow and pay to the said State live per 
centum thereon, as in case of other sales, estimating the lands at the 
value of one dollai* and twenty-live cents }>er acre. 

"Sec. 2. Arid he it /vrtfur aiacted, That the said commissioner 
shall also state an acconnt between the United Stat^^s and each ol the 
other states np(>n the same principles, and shall allow' and pay to each 
State such amount as shall thus be found due, estimating all lands and 
permanent reservations at one dollar and twenty-tive cents per acre." 

ArPKOVED March 3, 185 7. 

"An act to settle certain accounts between the United Statts and tlie 

State of Alabama." 

"^<3 a enacted hy the Stnate and ILnk^e of Jiepresefitaiivts of the 
United jStatt\<t of Amenca., in Ctmgress As^nnbled, That the (\Minnis- 
sioner of the General Land Othce be. and he is hereby required to state 
an account between the United States and the State of Alabama for the 
purpose of ascertainini): what sum or suras of money arc due to said 
State, lierett)fore unsettled, under the sixtli section of the act of March 
second, eighteen hnndred and nineteen, for the admission of Alabauui 
into the Union; and that he be required to include in said account the 
several reservations under the various treaties with the Chickasaw. 
Chocktaw, and Creek Indians within the limits of Alabama, and allow 
and pay to the said State live per centum thereon, as in case of other 
sales." 

Appkoved Mai-ch 2, 1855. 

The provision touching the two per cent, fund is the same in the 
enabling acts of Illinois, Alabama and Mississippi. 

Mr. Morris contends that Alabama and JMississippi recelveii tho two 
per cent, fund b}' virtue i>f the above acts, and that the secoiui section 
of the act of 1857, makes the provisions of the preceding section general, 
and consequently being applicable to the State of Illinois, justifies the 
claim in question. 

The argument therefore is grounded upon an assumed tact, and 1 
may concede that a casual examination of those acts, without regard to 
pre-existing legislation, and the peculiar circumstances which led to 
their passage would apparently sanction Mr. ^lorris' conclusion. The 
assumption of the fact is, however, gratuitous and untenable. 



4T 

Congress relinquislied the two per cent, to the states of Alabama and 
Mississippi by the 16th and 17th sections of the act, approved Septem- 
ber 4, 1841. (Satutes at large, volume 5, page 453.) 

The effective granting words of both sections are identical. Sectioa 
16 is as follows: 

" And he it further enacted, That the two per cent, of the net proceeds 
of the lands s(^ld, or that may hereafter be sold by the United States 'n 
the State of Mississippi, since the first cf December, 1817, * * * 
reserved for the making of a road or roads leading to said State be and 
the same is hereby relinrpiishcd to the State of Mississippi, payable in 
two equal installments," etc. 

The two per cent, which has accrued from the proceeds of the lands 
sold in those states, was paid to them respectively in two installments, 
and the fund thereafter accruing has been paid quarterly in conformity 
to the requirements of that act. JN'o additional legislation was therefore 
necessary to secure etfectnally to those states the five per cent, arisinf^ 
from the sales of lands within their limits. Their title to it since the 
act of 1841 has never been questioned. 

After the payment of the three per cent., under act of May 3, 1822, 
(Statutes at large, volume 3, page 674,) and of the two per cent.' under 
the act ot 1841, those states made a claim upon the general government 
for the payment of five per cent, upon the estimated value of certain 
tracts of land lying within their respective limits, which, by virtue of 
treaties with the Ohickasaws, Chocktaws and Creeks, had been appro- 
priated as Indian reservations. 

It is well known that at the time of the passage of the enabling acts 
of 1817 and 1819, several millions of acres within those states were in 
the occupancy of Indian tribes, and when the possessory rights of those 
tribes were extinguished by treaty, reservations, embracing large quan- 
tities of land, were set apart for the benefit of members 'of the tribe, 
and as their individual property. 

It was insisted that the grant or confirmation of these reservations 
should in the account between the general government and those states 
bo considered as a sale, but the then secretary, Mr. Stewart, rejected 
the claim by a decison bearing date February' 17, 1852. It appeared 
that the acts authorized only payment to be made of five per cent, on 
the net proceeds oi sales, and furthermore, there was no act of Conoress 
determining the value of the lands reserved. Mr. Stewart held'^that 
the department has no power to state an account or make an allowance. 
Congress granted relief by the acts ot 1855 and 1857. 

_ By the act of 1855 the Commissioner of the General Land Oflice was 
directed to include in the account of Alabama, '' the several reservations 
under the various treaties with the Chickasaw, Chocktaw and Creek 
Indians within the limits of Alabama, and allow and pay to the said 
State five per centum thereon, as in case of other sales.'' 

Mississippi was largely interested and equally entitled to legislative 
relief, and the act of the 3d of March, 1857, granted to her the same 
benefits which Alabama had received by the act of 1855. 

A rnaterial omission in the act of 1855 was also supplied and the 
cornmissioner was required to estimate the lands included in the reser- 
vation "at the value ot one dollar and twenty-five cents per acre." 



48 

Now, in view of the inducements tliat led to the passage of these 
laws and the objects they were intended to accomplish, I submit that 
but one construction can be given them. They plainly require that in 
ascertaining the amount of live per cent, due to those states by virtue 
of existing laws, the reservation under treaties should be included in 
the account, and that the land covered by them should be estinuited at 
$1 25 per acre. 

The second section requires that tlie commissioner should state an 
account between the United States and each of the other states upon 
the same princi[)le. 

Upon what principle ? The obvious answer is the principle that the 
land, reserved under Indian treaties, should be regarded as so much land 
sold by the United IStates, and shoukl be CBtimated at $1 25 per acre. 

I am uiuible to perceive that the claim, which Mr. Morris represents, 
has any foundation in the letter of these acts, or in their spirit, meaning 
or intention. Mr, Morris is of opinion that the decision of a former 
Secretary of the Interior favors his construction of the act of March 
3, 1857. 

The point involved in the appeal from your office and submitted to 
the determination of secretary Thompson was — whether lands located 
within the State of Mississippi, to satisfy certain Chocktaw scrip issued 
under tlie acts of Congress of August 23, 181:2, and August 3, 18-16, 
were within the beneticial provisions of the act of 1857. 

lie decided that such lands, in adjusting the accounts of that State, 
" are to be regarded as constituting a ]iortion of the several reservations 
under the vai-lous treaties with the Cliocktaw and Chickasaw Indians." 

The same ])rinciple of adjustment, the second section of the act now 
under discussion extends, to be applied in the settlement of the tive per 
cent, account uf other states. 

The meaning of this, taken in connection with the case there pre- 
sented, evidently is, that the same relief should be extended to other 
states, as by the first section, had been extended to Mississippi. And 
what was that? That lands disposed of to satisfy treaty stipulations 
with certain Indian tri[)es, should be considered, in adjusting the account 
of the State within which the lands are situated, as if such lands had 
been sold by the United States at their mininuim value. 

It is truly said in arguinent by Mr. Morris, that the two per cent, has 
been paid to Missouri, and he expresses the opinion that the reasons 
which lead to the conclusion that Missouri was entitled to it, support 
with e(pial force the claim of the State of Illinois. There is this essen- 
tial diilerence between the two cases. The payment to Missouri was 
made in obedience to the requirements of an act approved February 28, 
1859. (Statutes at large, volume 11, page 388.) 

That act is as follows : 

" Be it enacted., etc.^ etc., That the assent of Congress be, and the same 
is hereby given to the act of the Legislature of the State of Missouri, 
entitled " An act supplemental to an act to amend an act to secure the 
completion of certain railroads in this State, and for other purposes," 
approved on the nineteenth day of November, eighteen hundred and 
titty seven, appropriating the two per centum of the net proceeds of 
Bale of public lands in said State, reserved by existing laws to be 



49 

expended under tlie direction of Congresp, but hereby relinquished to 
that State; and that the proper accounting olKccrs of the government 
are hereby authorized and required to audit and pay the accounts for 
the same, as in tiic case of the three per centum hind fund of said 
State." 

This act is subsequent in date to those rehcd upon by Ilhnois in the 
assertion of her claim, and which are equally applicabk?, according to 
the interpretation of them insisted upon, to Ohio, Indiana and Mis- 
souri. 

The fact that the latter State found it necessary to recur to a specia:! 
law implied that equivalent legislation is requisite in favor of Illinois 
to sanction a like payment to her. 

The statement is made that Alabama, Arkansas, California, Iowa, 
Kansas, Louisiaiui, Wisconsin, Mississippi, Missouri, Oregon, Micliigaii 
and Minnesota have received five per cent, and it is asked why should 
IlUnois " be unjustly discriminated against." 

I have already cited the acts of Congress authori".ing and requiring 
the payment to Alabama, Mississippi and Missouri, and similar legisla- 
tive provisions have been made for a like payment to the above named 
States, with the exception of California, whieli Mr. Morris has inadver- 
tently included in the list. 

For convenience, I subjoin a reference to the acts : 

Arkansas, by act 23d June, 1836, vol. 5, page 58 ; to Iowa, by act 3d 
March, 18-1-5, vol. 5, page 7S9; to Kansas, by "act of May 4th, 1858, vol. 
11, page 269; Louisiana to the act 20th Feb"! 1811, vol. 2, page 641 ; to 
Michigan, 23d June, 1836, vol. 5, page 60; to Minnesota, by act 26th 
Feb., 1857, vol. 11, page 167; to Wisconsin, by act 3d March, 1847, 
vol. 9, page 178 ; Oregon, by act Feb. 14th, 1859, vol. page 384. 

Some general views are presented by Mr. Morris in favor of the claim 
of Illinois. As they do not relate to the authority of the executive 
branch of the government to make the payment under existing legisla- 
tion, I shall refrain from discussing them. They may, with g]-eat pro- 
priety, be submitted for consideration by Congress. That body will, 
undoubtedly, adopt such measure of relief as, in its opinion, justice and 
sound policy may require. 

You will be pleased to furnish a copy of this opinion ta Mr. Morrja, 
and to His Excellency, the Governor of the State of Illinois. 
I ana, sir, very respectfully, your obedient servant, 

W. T. OTTO, 

Acting ISecrdary. 
Hon. J. M. Edmunds, Corn'r Gen. Land Office. 

As soon as I was apprised of the opinion given in the Interior De- 
partment, adverse to the State, I tiled tlierein the following letter of ap- 
peal to the President : 

Washington, August 31s^, 1863. 
Hon. John P. Usher, 

tSecretary of the Interior: 

Sir — I learned today, unofiicially, but I presume correctly, that the 
claim of Illinois to the two per cent, fund, due her for road purposes, 
-6 



50 

from the e:eneral government, and wliicli has been pendhicron an appeal 
in vour office, has been decided adversely to that State. I, therefore, 
pray an a]>peal from yonr decision to the President of the United States, 
and ask that all the papers properly pertaining to the cansc, be trans- 
mitted to that ofKcer, with the least possible delay. 

Very respectfully, 

I. N. MORRIS. 
Agent of the State of Illinois. 

A copy of the Secretary's opinion was not given to me for several 
days after I heard of its rendition, and was followed np by the subjoined 
extraordinary communication : 

Department of the Interior, 

Washington, Se^^t. oth, 1803. 
Sir — I have the honor to acknowledge the receipt of your letter of the 
31fct ult., wherein you pray an appeal lo the President of the United 
States, from the decision of this department, adverse to the claim of the 
State of Illinois to the two per cent, fund, alleged to be due her, for road 
purposes, trom the general government. 

You ask "that all the p:i])ers properly pertaining to the cause be trans- 
fiiiUed to that officer with the least possible delay." 

Not discovering, from the attention I have been able to bestow upon 
the subject, that an appeal lies in such a case from the decision of the 
department, I shall await the order of the President in the premises. 
I am, sir, very respecfully, &c., 

W. T. OTTO, 

Acting Secretai'y. 
Hon. Isaac N. Morris, Washinyton, D. C. 

I had supposed that the expression of an opinion against the validity 
of the State's claim would terminate the opposition in the Interior De- 
partment, but the receipt of the foregoing letter removed the delusion. 
Reflecting upon my duty in the nuitter, I prepared the following reply 
which 1 did not transmit, as I thought it might prejudice the State's 
claim to five per cent, on Indian reservations. I, however, now em- 
brace it in my report as an answer to the Secretary's communication, 
and liope it may not be considered rude or harsh. It was enough to 
arouse some feeling, to have a subordinate officer to attempt to thrust 
himself between the President and the State, and prevent him from 
taking any cognizance of her rights : 

Washington, Septembei' 12, 1S63. 

Hon. W. T. OiTO, 

Acting Secretaiy of the Interior : 
Siii — On the afternoon of the 10th inst., I received, through the city 
post-office, your letter of the 5th, notifying me that you have been una- 
ble to discover that an appeal lies from your opinion to the President of 
the United States, in the matter of the claim of Illinois to the two per 



51 

ccnf. on tho {mblic hinds sold in tliat State, and cxprcsEing a disinclina- 
tion to send up the papers. 

1 was uioro surprised at tiiis, as a copy of all tlic papers had already 
been furnished me, cxce[>t a coj^y of the letter of appeal, which you 
acknowledge to bo on lile in your office. I do not, however, regard tho 
refusal at all material, as in legal contemplation, the papers are before 
the President already. Being in and constituting a part of the arcliives 
of one of the executive departments, t be mere formal act of placing them 
in the President's hands, is v/holly unimportant. 

I bad supposed that the President was to determine for himself wheth- 
he had a right to review the case, and that you would not attempt to 
deny him this right, and make your will the governing rule of his 
action. 

The power of the President to correct the mistakes and errors of his 
Hubordinate'5, and execute the laws, is undoubted. That power is an 
attribute of executive authority which no inferior executive oillcer can 
abridge or wrest from liim. Put I will not discuss this question with 
you, as its discussion more properly comes before the President. The 
fact that you 'await his orders' for the papers, would seem to concede 
the point, that you recognize his power to control the case. 

W as it not enough for you to give an opinion adverse to my State, 
without throwing additional embarrassments in the way of her obtaining 
justice? Why should yon manifest such a desire to deleat her claim? 
You have given your opinion — you liave expended your power — yon 
have struck your blow, and why try to do more? AVhy raise additional 
obstacles? What has Illinois done that she should be resisted on every 
inch of ground, and have every possible technical objection thrown in 
her face? Why should there, in fact, bo a neio case made up against 
her in your office, which, I insist, you had no right to make, instead of 
disposing of her claim upon the record sent up? She has only respect- 
fully but earnestly pressed her demand. She has only asked to be 
placed on an equal footing with otlier States, and why all this opposi- 
tion ? I hope, sir, you are not afraid to trust your opinion to the search- 
ing scrutiny of the President's legal mind ? 1 hope this is not the reason 
you decline to send up the papers. 

Illinois, I admit, is placed in a position where she is compelled to sue 
to power for the purpose of obtaining rights which should bo Ireely 
granted, but in doing this she stands upon the conscious rectitude of her 
cause and tho dignity of her character. She asks nothing that is not 
right, and will i-esist the infliction of wrong. I liave not presented her 
at the Interior Department as a beggar, and a refusal of that department 
to "send up the papers" to the President will not relax her efforts. She 
may even in the end, however, be overthrown, but it Avill only be when 
she has exhausted all her energies in pursuit of the right, and then she 
will have left a keen and abiding recollection of the wrong done her by 
the general government. Although turned away from the Interior De- 
partment she is not humbled or intinudated, and has hope still left that 
justice wfll be meted out to her. 

I should have sent you this reply on the day I received your letter, 
but I thought it best to wait until the claim of my State for five per cent. 
on Indian reservations was disposed of in your department. 



52 

Assuring you I liavo no otlier feeling in this matter other than that 
which springs from ii desire to fuithfuliv serve my State, ^hich lias 
intrusted me with her confidence, and which, I think, has been harshly 
dealt by, I remain, 

Yours, very respectfnllv, 

I. N. MOIIRIS. 

On the same day I prepared my response to the Secretary, I addressed 
the President a note, and am happy to say that His Excellency never 
gave me at any time an intimation that the act of the Secretary in ''de- 
clining to send up the papers" would embarrass his action or make the 
6liiJ;htest diflerence therein. He entertained and heard the appeal fully 
and respectfully, and promised a decision thereon, notwithstanding the 
papers were not "sent up." 

WASHiNcroN City, Sept. I^th, 1863. 
His Jixetilenei/, Abrahcun Linccln^ I\esidtnt of the United States : 

Sir — In your letter to me under date of the 2Gth ult., you say, in 
referring to' the business of Illinois, then pending before the Secretary 
of the interior, "When he shall have acted, if his action is not satisfac- 
tory, there may or may not, be an appeal to me. It is a point 1 have 
not considered ; but if then it be shown that the law gives such an 
appeal, 1 shall not hesitate to entertain it when presented." 1 could not 
ask, as the agent of the State, any fairer proposition. 

The action of the Interior Secretary not being satisfactory, I am now 
ready to make the showing you refer to. I liave, also, some general 
views to present, which, I am sure you will not be averse to hearing, as 
you cannot but feel an interest in all that pertains to Illinois. I desire 
an audience in her behalf; and, if alter I sliall have presented the facts, 
you slunild think she has no rights, which you have ])Ower to enforce, so 
let it be. Your obliged and humble servant, 

1. N. MOIililS. 

president's answer. 

ExECDTivK Mansion, 

Washingio7i, Sept, 18, 1863. 
Bon. I. M Morris : 

Sir — Please carefully put the argument in writing, with reference to 
authorities, in the matter intended to show that the law gives an appeal" 
to me in the matter referred to. When that is ready to be presented, 
I will try to give you the personal interview about Illinois matters gen- 
erally. 'Yours truly, A. LINCOLN. 

REPLY. 

Washington, Sept. 'i\st^ 1863. 
To His Excellency, Ahraham Lincoln, President of the United States : 
Sir — Your note bearing date the 18th inst., was received. The argu- 
ment you desire, with reference to authorities, is ready to be submitted, 



and as you promised me, wlicn it was ready, an interview in regard to 
Illinois jnatters generally, Mr. JohuBon and tnysolf propose to meet you 
on Wednesday next at twelve o'clock. Will that time suit your con- 
venience? I wish to consult that. 

Yours very truly, 

I. N. MORRIS. 

At twelve o'clock on Wednesday, the President received Mr. Johnson 
and myself, when I made beJbro him the following argument, and Mr. 
Johnson submitted his opinion. Upon that argument and opinion the 
case is still held under advisement by Ills Excellency : 

AKGCMEXT OF MK. MORRIS IN SUPPORT OF THE STATe's CLA.IM, AND IN 
REVIEW OF THE OPINION RKNDEKED AGAINST ITS VALIDITY IN THE INTE- 
RIOR DEPARTMENT. 

Mr. President: — The case involving the right of Illinois to the two 
per cent., arising from the net proceeds of the sales of public land' made 
within her limits since 1819, has been decided adversely to the State by 
the Interior Department. The decision was not unexpected by me, nor 
will it be \)y the people of the State. I would have been, indeed, but a 
poor interpreter of surrounding circumstances, indications and events, 
to have expected anything else. I do not, however, despair of the ulti- 
mate result. The interests and considerations which intervene between 
my State and justice, and which it is not necessary tor me to discuss 
now, (for there will be a more favorable time and occasion for that,) will 
not always prevail against her. She will iinally obtain lier rights. I 
have neither a fear nor a doubt of this; and believing it, I wouid be an 
unfaithful agont if I failed to prosecute them to the extent of every hon- 
orable m^ans. 

In the short address I made your Excellency in presenting the memo- 
rials of the State Legislature, I distinctly stated that "the result was with 
you, f<;r it was \.oyov, the State hooked for the fullilhwent of her too long 
delayed right.-," and added, "she docs not expect to look in vain." I, 
also, said in that address, "you will not deny the S'ra-tc justice, from mo- 
tives of delicacy, because you are her honored citizen — if she obtains it,, 
she will be entirely indebted to you for it." You asked for a copy of 
that address, which I furnished, and accompanied it with a note, in 
which I stated that notliing short of a positive direction from you for tha- 
settlement of the account would eifect anything. These words I had 
duly considered, and used them designedly, so there could bo no misap- 
preliension of my views. I know very well before — and I knew then, 
as well us I do now, that the State had no hope, except throiu/h your- 
direct agency, and the sequel has verilied my conviction. 

The Legishiture of the State, also, knew very well what they v.'^ro 
doing when they addressed their memorials directly to you^ asking that 
j/^jw should see the laws carried into effect, providing for the payment of 
the money to the State, which 1 claim for her. The appeal was to you. 
I did not call at the Interior Department until after you had transmitted, 
the papers there with your indorsement, for I knew it would be of no 
avail, and then only to urge that it would act in the premises. It requiried-. 



no ffirt of pwphesy to deterinino what an otHeer would do, who wouUl 
rtrlMtrarily hold ou to an appeal forsiix months, whon, it'lu* had a douhi; 
about tho law oonterring upon the iStato iho honolits whii-h 1 rlaimod tor 
her, ho oouul have cxpiw-^sod it in a siuii'lo luouiont, and would havo dono 
it whou ropeatedlv and uri^ontly prov^>od a$ ho was. 

It shows, conelusivoly, that whon l\o cannot dotVat ft case by i>xeuscs 
and delays— when he cannot weary out tlio patience of the suitor, anvl 
thus avoid direct responfcihility — when prevarication will no louijer 
avail, it will iinally tali, whou he is totxH>d to act under the iron heel ot* 
j>o\ver. This is almost invariably the result. Whenever there is a want 
of tVanknoss there is danger, l^hero are some thiuijs it does not tako 
diroct words to nu\ke \js understand. It only required your Kxcellency 
long enough to oaret'ully read over the laws to enahlo you to express 
your opinion. 

A petitioner, whether tor himselt' or tor his State, has a very niuHpial 
contest, with an otlicer who \vi!l shut himself n{> in his room, and neither 
road written arguments, nor allow ]HM"sonal interviews, uidess they are 
literally forced upon hinu antl then will scarcely answer in a few brief 
words, and most of those evasi\e. 1 had suppos^nl that i>ur government, 
in its republican simplicity, was accessible to all, or at least so desigt\ed, 
aud that the humblest citizen, as well as a sovereign State, was \o he 
respectfully heard when asking to be. Power, I know, can turn with 
disdain from the supplications of justice which it was lormed to adminis- 
ter, but that justico will eventually triumph in the full consciousness of 
its own dignity. 

1 have not, nor shall I, present Illinois at the National Treasury as 
an eleemosynary beggar. 1 have not, i\or shall I, place her in a posi- 
tion where she can be reproached with having done anything disreputa- 
ble. Her honor shall be preserved if her wrongs remain miredressed 
and her rights unrecogni;;td. 

There is one otlier matter, Mr. rrcsidcnt, which 1. might as well men- 
tion hero, i am aware that yoti have an impression that it is not very 
gracious in Illinois to press her olaim at this tnoment of our national 
troubles. Yo.i nmst, J am fvdly satisfied, be convinced the State has 
not acted iVom any design to end>arrass your administration or the gov- 
ernment. The claim has been pending before a department since 1857, 
has never at any time been withdrawn, anil 1 have already explained 
why it was not paid under the administi-ativm of Mr. Ihichanan. It is 
oertainly as proper for your administratiiui to adjust it. as to wait for 
any other one to do it. 1 know, and so do the people of Illinois, that 
ihe State having h; d a prominent candidate for the presidency for lif- 
toen years, that it operated greatly to the detriment of her interest in 
.common with other States, and now that she has the President, it wvuild 
■be hard, indeed, to tm-n her away for that jcason. In all that pertains 
to the advancement and glory of our federal organization, she has as 
deep an interest as any member of the government, and would be the 
hist to do anything to destroy or embarrass the con\mon cause. Her 
fuith she has proved by her works, M-hich will remain an enduring mon- 
ument, to her patriotism and sclf-sacriticing devotion. It ought to bono 
reproacli upon her that she asks from the linitcd States the payment of 
.a just deuuuul. Her loading men believe that now is as propitious a 



r.r. 



rnorrKirit i'<)r itH payrnont an any oUjor. Tlic amount would iff> into the 
;';<;n<;i;tl national mfJ'jhto'JricHH, and hcarccly be felt. J>ut it in not tlie 
money kIio particularly dchiroH or carcH tor at present, Jfor ri(//U to it 
f-.li<; wantH C'HtabliBlied, and the clain» plaf;ed in 8uch a situation tliat it 
will he ultimately dinchar^'ed. It i?>aH little as the government can do 
to acknowledge the debt, il'it h not in a condition t/f convainantly imy it. 
lij thiw aiikingtoo much? I'^ it even immodcHt? 

J will ofjiy add on thin branch of tlie Bul)ject, that the diKtinguidifj*!, 
watchful and patriotic Governor of my State, believed he wouhi not be 
juHtdie'l i/j longer delaying a demand for the Bum due. indeed, further 
delay might be construed aycriiriinal negligance, and would have been. 
Jle iiad n(;t, properly, any diHcretion in the matter, but a plain and ifo- 
pcrative duty to perform, v/hich he ha<i discharged. 

fn again calling your excellency'h attention to the claim of Illinois to 
th(5 two per cent, of tlie net proceedH of the bidca of public landH ma^le 
witliin her liujitK, J do not winh an being construed as taking an appeal 
fi'om the ojjlnion which the lionorable Interif»r Secretary has been pleaded 
to exf^rcHB adverfce to the State, although I filed a letter praying bucIi ap- 
peal, to Have the point. I cannot regard that opinion as liaving any 
oinding authority, or an a decision of the caHC. The questionB of law 
find lact involved were fully and candidly Hubmittcd to you, and after a 
carefid examination you reached the concluBion that the law, in your 
opinion, in with the State. That conclusion having been expiCRHed by 
you in a written communication to me under date of AugiiHt 2Ct.h, of 
ih(5 prcHcntyear, wherein yr)u way, "I sent the paperB to the Secretary c»f 
the Interior, with an indorHemcnt that my impression of the law was not 
changed, and in another (the indorftement you refer to) in which you 
Haid you b<;lieved the law waB with the State, J. hold to be Bucli an ex- 
prehHi<jn of your opinion an ought to have been respected and acted on 
in the Interior Department. I do not claim that in a legal Hennc you 
expr(!SHly passed ujxm or decided the caBe, but only that you gave an 
expr(;:4bion of your view of the law. At the time you did this 1 admit 
the case wa« not before you for detertnination. But if it could be afifiumed 
that you had pasned upon it definitely and finally, the following argii- 
m(;rit4 j;ertairjing to a detei-rniriation, would Hcem to Ije juitand concln- 
Biv(;, and may, perhapH, a})ply with sotne force to the obligation of an 
inferior ollicer to carry out the will or judgment of hi?i Buperior; CBpo- 
cially wiien it in made the duty of that superior to "take care that the 
laws are faithfidly executed," tmpoifin^ uj/f/n him both the legal and 
vaoro.l obligation to do it. 

All the executive power of tiic United States is vcBted by the Consti- 
tuti<jn, in the PrbHident. It is his duty to see tliat the laws are faith- 
fully executefl. His power of delegating his authority goen no further 
ill in to direct how, In general or in j^artlcular, kin determinations shall 
be executed. Jle has no power to give to a subordinate executive offi- 
cer authority to make n dijf'erant decision, for that would be an evasion 
of his own oath of oflice, and defeat the guaranty of his own responsi- 
hllity. Therelore, when the President has deeldefl the law, and rea hod 
a conclusion in any matter of executive" ret-poriHibility in /an f/ora proper 
pcmon^ nothing njtnalris for any interior oflicer to Ho, but to carry that 



decision into effect. Tliat inferior cannot determine because there lias 
already been a deternii nation by the executive hiuiself. 

Every detenninatiou of tlie Preb.ident requires some sort of action to 
cany it into effect. It must bo authenticated in the departments accord- 
in^j; to the usual niethois of public business. But all such methods and 
all such authentications arc something more and something subsequent 
to the determination. 

Tao deter. a'ai'i'Ui, djclsion, juiigiinat or will of the Executive on a 
subject matter properly before him, disposes of that matter, and nothing 
is left for any department, otticor or agent to do but to carry into elfect 
the decision and preserve its history. It is wholly immaterial what the 
question is which is so disposed of, so that it arose in the line of execu- 
tive duty and was determined. When the determination is made, no 
other determination can be made by any subordinate will. 

But should your Excellency consider the opinion riudered by the In- 
terior Secretary a decision, I still desire to urge that it is entirely co-n- 
potent and proper for you to review the action of the Secretary, and to 
make his action contbrni to your opinion. 

The Government is divided into three co-ordinate branches — legislative, 
executive and judicial — each independent of the other, and neither re- 
eponsible to the other co-ordinate branches for the manner in which it 
discharges its constitutional functions. I repeat, the constitution pro- 
vides that the executive department shall be vested in the President, 
whoso most important duty is ''to see that the laws are faithfully execu- 
ted," and of course as he understands them. Neither of the olher de- 
partments can abridge or annul his power. lie derives it directly from 
the national organic act, and the executive ])ower is vested in him as an 
Critirdli/. lie canni)t constitutiontdly divide or share it with another if 
ho would. As a matter of convenience he nuxy and docs allow others to 
act for him, but their acts ai'o, in legal contemplation, h's own. What 
tliey do is impliedly done by him unless he reverses their action. This 
is the legal conclusion. They are his conveniences — not his equals — 
agents to execute Jiis will — not his co-executives — his auxiliaries — not 
the original source of power. They are niadc and unmade by his 
breath, and it may truthtully be said that, oflicialh', " in him they live, 
and move, and Iuiyo their being." Hence there can be no question but 
that the superw etn overrule the inferior authorit}^, which constitutes 
I)ut a branch »f \t&e\\\ created by law, only to assist the superior power 
in the details of business without destroying or abridging its attributes. 
All the relinements of false logic on common sense cannot change this 
truth. 

Besides, the right of a])peal has been sanctioned by usage, and is sup- 
ported by the opinions of the law officers of the Government. I have 
liunted up the authorities upon this point, but will leave its particular 
discussion to the able and distinguished gentleman who appears with 
mo in behalf of the State, and who is far more able to do it justice than 
I am, contenting mj^self with a general view of the subject, yet I hope 
a correct legal one. 

When the language of the Legisslature is so peremptory in directing 
a subordinate executive officer to do a certain act, as it is in the laws I 
have cited, certainly the constitution requires that the President, in 



6^ 

whom is located all the executive power, shall see that "the laws are 
faithfully executed," and it is not in the power of any departtnental 
functionary to intervene, and thurst himself as a barrier between the ob- 
li_i;;ati()n to i)erform the act, and tlie President's obligation to see that the 
act enjoined is jjcrformed. 

The President deleo^ates his power in the manner I have stated, 
merely that his convenience and that of the public may be thereby sub- 
surved. To say that an otHcer, who is the creature of executive con- 
venience, may refuse to obey a positive legislative enactment, and that 
the President has no power to control the refusal of such otKcer, is to 
relieve the President from his constitutional obligations, and to substi- 
tute for the executive authority the caprice of an irresponsible subor- 
dinate. 

Certainly the framers of the constitution never intended to |)lace such 
vast and important power in irresponsible hands — never intended to 
exalt the subalterns above the superior. You are responsible to the 
people fur the manner in which you discharge your duty. They aio 
only responsible to you. and their refusal or omission to execute a law 
imposes upon you the imperative duty of doing it. If this was not so, 
the whole executive power of the Government would bo parcelled out 
among those without accountability, and would become a weak and 
wicked instrument in the hands of men whom the people could not 
reacli, either for misfeasance or malfeasance in office. A direction to a 
subordinate to execute a law is a direction to the President. The law 
may speak directly to the inferior, but it is the duty of the Executive to 
see that he performs tlie act. 

When Mr. Whittlesy was first Comptroller of the Treasury, under an 
appointment from President Taylor, he recognized the binding authority 
or direction of his superior officer when passing the Galphin claim for 
interest, by appending to his name or signiture of approval, the words: 
"The signino- of this certilicate is an administrative act," referring to 
the order or direction of the Secretary of the Treasury for him to sign 
it. IIu was himself opposed to it. If the Treasurer could control tho 
Comptroller, the President can certaiidy control the head of an execu- 
tive department, and more especially the Land Commissioner. 

When Mr. Tyler was President, he directly ordered a claim for to- 
bacco, destroyed in Maryland, in the war of 1812, which a subordinate 
officer had refused to allow ; and many similar cases to the above ones 
exist in the executive records, i)ut I leave them for the honorable gen- 
tleman, with whom I am associated, to use if he thinks proper to do so. 

Bnt, Mr. President, it does not make substantially any difiei*ence, in 
my judgment, whether, technically, an appeal lies to you or not. I 
have never had any great admiration f)r technicalities or quibbles, nor 
do 1 believe you have. The real questions to look at are: Has justice 
been done? lias the law been executed? or has it been disregarded or 
violated? You know, Mr. President, that justice has not been done, 
and that the law has not been executed, and that it should be. In this 
state of facts it is my belief you have no discretion, but a plain and im- 
perative duty to perform, which is " to see that it is executed." No 
liigher constitutional obligation rests upon you. The remedy is in your 
own hands, and can be easily applied. There are numerous instances 



68 

upon the record of the Exeeutivo Department, showing* that when minis- 
torial otticers refused to execute the laws, Presidents found and adopted 
ready moans to liave them executed, and especially when that ministe- 
rial othcer acted in direct violation of the known views of the rresidcnt, 
Mud in total disregard o[' them. Presidents cannot utford to pursue the 
shadow; they must follow the substance. Tliey cannot atford to '' keep 
the word of promise to the ear, and break it to the hope ; " and your 
own high character for integrity luruishes a safe guaranty you will not 
seek to evade but establish justice. The simple truth is, (and I must say 
it at the risk of its bein^,- regarded unprofessional,) they have underta- 
ken to turn my State out of court upon false issues, and she does not 
intend to go mit in tliat way. It' she can bo beaten fairly on the merits 
of her cause, that is all well, but she deserves better treatment than to 
bo thrust aside on mere technicalities and assumptions, or crushed by 
mere power. 

Having now, Mr. President, conchisively shown, as 1 think, by a 
brief statement of legal propositions and deductions, that you can liear 
and determiue this appeal, if it is to be treated and considered in that 
light — that a failure to do so will make the opinion of a subordinate 
your opinion, when it is not m fact and reality yours, I might, with pro- 
priety rest my case. But if I should do so, I would not, perhaps, be 
treating you with entire fairness, or my State with justice. 

Tlje Interior Department, as I have already said, having given an 
opinion adverse to the State's claim, it may be my duty to brietly review 
it. From its great length and the evident labor bestowed on that o})in- 
ion, it may be safely assumed, that nothing which could be done has 
been left undone, to invalidate the rights of Illinois. Not a trace of 
generous liberality has been applied in the consti'uction of the laws, but 
tlie State has been held to the most rigid rule. 

AVhat appears strange, the Interior I^epartment did not act upon the 
record sent to it from the General Land OtHce, but assumed independent, 
original jurisdiction of the case, which it certainly had no right to 
do, and determined to de novo. The Land Commissioner is direc- 
ted by the law to state the account, and when he has made out and 
sent up his record, the interior department has no authority to assume 
that certain facts exist outside of it — to make up a new case ; yet this 
has been done, and the issues changed, without giving- me, as the agent 
of the State, the privilege of being heard. Of this I have just reason 
to complain. The law provides that an appeal may b.^ taken in cases 
coming before the General Land Othce, to the Secretary of the Litenor, 
An appeal of what? Evidently of the Ciiso before the land office, and 
as it twi'itted there, and that is the case the Interior Secretary is only 
legally authorized to act upon, and not upon one made up by himself, 
and he has not acted on such a case. 

To sulfer any other practice to grow up in governmental dejtartments, 
would not only be legally wrong, but lead to interminable embarrass- 
ments and ditHculties to the Government itself, and work incalculable 
injury to parties. 

The Land Commissioner refused to make up the account of Illinois, 
under the act of March 3d, 1857, for the settlement of the live per cent, 
account of Mississippi and other states, upon the grouud that the law 



50 



only :i]jplic<l to Iri<lian rco'crvaUoriH. Tho Interior Bccrotary docidcH 
u^^airiht IJlinom upon the adijitiofjul ground that bIicj has already, an ho 
ulie^^C'H, received tlie amount in tho eorifitruction of the national road. 

'i'he (vjrepjoing fact« eonbtitute very fetroiit;^ reaf.ons in favor ot* a direct 
Jnterftjrenco />n your part, Mr. President to the end that justice inuy be 
dono, and, of th(;in8el vch, make thig no ordinary ca^e. 

ilovv could the tSoeretury aHHume — what right l»ud IjO to assnirn,', that 
the claim of JllinoiH liad already been liquidated, wlteii no account had 
bc(!n btated by the Land Oonimiftaioner ? It is true, tlio hiw fiayri " ho 
hhall Btato an account," but the (Joinrriigsioner says he will not klate it, 
!ind thelnterior Secretary Bays he need not f-tate it. The law h one 
way iind their dicia another. ' The law does not i=ay the account "y/j/zy 
l;c htuted," but that he in " lifcf^uiitici)" to state it. Tiie law leavcB to the 
ComfniMhioner no ducretionary jiower, but is mandatorf/, direct and 
pofiUive in its termK, free from doubt or ambiguity. But the Land Corn- 
mifcBioncr assumes tho right to exerciHo a dincretion — to set up his will 
in lieu of the law — in slx^rt, refuses to execute it. Whether the law, or 
his will, Bupported by tlio interior Secretary, is to prevail, remains to bo 
<k;termined, Jllinois ntarids upon the law, and ablcs that you sliull di- 
j-ect your minifeterial ofhc(;r to execute it. 

TlKi apijlication njado by rne, as agi^nt for the State, was to have the 
account Hfated under the law to show: 

Jst, What was the amount of the two per cent fund. 

2d. That the amount thus asceitained bhould be allowed and paid. 

The Commissioner of the General Land (jflici refused to state such 
account on the ground that the law lipon which I rely aj^plies only to 
Indian reservations. From his decision I appealed, and the Interior 
Secretary suitainw the deci^iion of the Commissioner, and give-i as his 
reason, tfiat the amount I claim for tJjo State has already been ex- 
y)ended by indinjct ajjproj>riatioas for other purposes! The language of 
tho act is, as I have said, mandatory, and tlie statement of the account 
\n\\HtfirHt Udrifj direct(;d to be doiie. And I afUrm that this must be 
done before it is possible to raise any question as to the account of the 
Stat(t having been liquidate^! and balanced by expenditures for dilferent 
oitjccts. 

i made upj;lication to the Land Commissioner to direct an account to^ 
be ujade up, showing what would be two-lifths of the ilve per cent, of 
the net pioceeds, arising from tho sale of the j)ublic lands, sold in the 
State of Illinois since January let, 1816, and based tlie application upon 
the act of 1857, which will be i\)\\n(\ embraced in my report to Governor 
YatcB, and in the Honorable Secretary's opinion, and with which you 
are familiar. The contnd of this iund was reserved in the enabling act 
of the State Ijy Congress, to be expended, under its own direction, " in 
making roads leading to the State." It was given to the State, but the 
General Government rcsorved to herself the right, as trustee, to direct 
its ex]jenditure in the manner I ha'-e already stated, but will make still 
more evident before I conclude. The inquiry I made for the State, was, 
what is the amount of the fund thus reserved, and wliether the (General 
Government has it now in its pof-session, and by what authority she re- 
tains it — and if not now, by what authority it has been expended and 
how. 



CO 



Tho Stjito has a ri<;'ht to know, tVoni tlio }>ro|Hn- nooouutiniV vWl'iror, 
deiiaitoly, m dollars and ivnts, what, tho amount ot'tl\o t'luul is, and sho 
has alsv> ihonj;lr to kno»v dotinitvlv, in ilv>llaisand ooiits, what siinis havo 
boon ohaij^od apuiist that t'und,atid t'orwhat jnirjH^so, if any, it has hoou 
usod. Tho oxistoni'o of tho fiunl is aoknowlod^od hj tho llonorahlo So«.- 
rotarv, but tho inijuirj of tho Stato a$5 to its anion nt, is now mot by tho 
Yai:!:uo nopition that "no part of it now roniains in thotroasury, nor ha.^ 
ono dollar of it hvon diverted tVoiu tho ohjoct for whioh it was ro- 
Korvod." 

It is oortalnly hut proper that tlio Stato should havo sonio tran- 
eoript froni tho Troasury Hopartment, or sonio statoniont Worn sonio 
otiioor, niado by law, tho niodium throui^h wliioh tho oontonts of tho 
tronsinw aro nuido kiunvn, rathor than tho assertion oi' n soorotary, 
\vlioso duties aro ipiito other than those relatiuj;" to the atVairs of the 
troasury. 

.l>y proper inquiry I havo aseortainod that tho books oi' tho Treasury 
])opartniont do not show a>iy sueh t'uiul as that referred to by the llon- 
oraMo Soorotary, or that it has boon oxhaustod by tho oxpontiituros that 
ho onuinoratos. Tho aeeount has never boon stated, and no num knows 
ti>-day what it is. I ap}>ro\innUod it in my report to Governor Vates, on 
tho ba!>is o( tho three per oont. fund, and the Seeretary appears to havo 
acted on that approxinnition. I supposed ho wunild require tVom tho 
Troasm-y Department an anthentio statonient o\' tho aeeount bet'oro ho 
arrived at a oonolusion on tho point, and tho tact that he did not obtain 
it, is a oonvineing reason why tl)o case shindd bo ix>vio\vod. 

In oonllrnnitionofwhat 1 have said, 1 bog- leave to rospootfidly rend 
tho i\)!lowing statomonts. i'urnislied me tVoni the Treasury Doparuiiont. 
It appears fi v>m the oertilioato of tlu> Aoting lvei;Mster that no aeeount haa 
over boon kept in tluU tlepartnuM\t oi' tho\wo per eent. I\md oi' Illinois. 

TuiwsuuY l>Ko.urrMiNr, (\^MorKoi.i.Ku's (Hb'iOK, «S<y/'. r>, lS(u>. 
llox. I. N. MoKKis, Washington Oity : 

Sir — Yom' comiaunioation, oi' yesterday's date, has been reeeivod, 
nnd in rojtly thereto you aro informed that ni> aeeount has over boon 
ko}>t or stated in this otlieo l\>r tho two-lit'ths oi' live per eent. oi ihe net 
proceeds of public lands lyiu<\- within tho State oi' Illinois. 

Verv respootfully, 

K\ \V: TAYLKU, 

Tkkasokv I'^kpautmknt, Ivkoistkk's Okkick, S(*j)t. 8, lv*>()r>. 

T hereby certify that the reeonis of this ofllco show that no aeeount 
has been kept with tho Stato of Illinois on account of the two per cent, 
fund. K\ SOlAUai, 

Hon. 1. N. MoKKis. Actifuj Ji\(jh(er. 

Ihit, \[v. President, permit mo to refer tnore particularly to tho hiw 
of 18rv7, and tho construction given to it. Tho Land Oonnnissionorsaya 
"it relates to motioy received by tho Govornment t'or lands which havo 
beoi\ reserved for certain Indian tribes," and there ho leaves it. Tho 
duty was left to the llouv'rablo Sectetary of suj^plyinj,;- the ar;;iunent, 



$1 

and li(; li;iH .'i'lojjl,(!(] Uia novel rnofJcof iirrivin;^ at a conoliifjion entirely 
from (;xtnirjr;oii.s oiroiirnHtancoH, and not by piittirif.^ iii;fni, or even at- 
tcniptin;/ to ^ivr; an int(!r|>rotiition to fix; wonln and oorjtext of the law 
itHoJf, itodiiccd to tlio I'oriri of a BylopjiHm, hi^ argument i8 1\Ah: TIkjto 
ift a law of 1811 ; that law provido^j for paying tlio two per cent, to Min- 
BiBHij)pi ; therefore (yongrehH IjaH not pasned any other law ernbraeing 
the Hatrje object. Again, there were certain Indian re-iervatioriH in Mi«- 
hinhippi ; (Jongre«3 pasr-ed an act providing for paying to Mi88is8ij>pi iive 
percent, on thoiK; reservatioiiH; fherefotc (Jongre.sH did not embrace 
any other object or purpose in the law of 1857. 

'J'he Honorable Secretary, in his opinion, nays: " Mr. Morris contends 
that Alabama and MisHiHsippi received the two per cent, fund by virtue 
of tJie above actn, and that the Bocond Bection of the act of 18.57 makes 
the provisIoriH of the pr(,'Cf;ding Bection genr-ral. and coriKequently being 
applicable to the Htate of lllinoi;-", juBtilicB the claim in (jnebtion. 

"'I'he argnnifint, therefore, ih grounded npf^n an assumed fac', and I 
rnay eoiiccnJe that a casual examination of tln^He aetw, without rcjgai-d to 
pre-existing leginlation, and the peculiar circumstances which led to 
their paHSiJge, would ai)parently Banetion Mr. Morris' conclusion. The 
asBumj^fion of ihe fact Ih, however, gratuitous and unte/iable. Congress 
relin'piihhefl th(! two ])er cent, to the States of Alabama and MisHissippi 
by fli(! 10th and 17lh nections oi" the act approved iSeplember 4tlj, 
1841." 

When the Honorable Secretary made the Ibregoing statement, my re- 
port to Gov. Yates was before him, and ho was making frequent refer- 
ences to it. It, therefore, seems almr)8t inexcusable tliat he should so 
materially misapprehend my po.*>iti(;n. What I say in that repoit is 
this: 

" What, as he (the Land (Jommihsioner) seems to suppose, two sections 
incorj)orated into ihf; j)re-emj)li')n act of ]841, I'elating lo (he two j)er 
cent, fund due Alabama and iVlisKiHHij)pi, can have to do with the con- 
struction of the act of 1855 and 1857, making no reference to the special 
legislation referred to, is more thari I can discern. The Commis- 
sioner seems to forget that the laws of 1855 and 1857 were passed 
long HuhHfj/uent \.() tiie spcscial legislation of 1841, aiul that the act of 
1857 is a gcuiei'al act, intended tor the benefit of atl the Hialen^ and re- 
quires the live j)er cent, to be paid to each state. Is each state to be 
eprived of its rights undfjr that act because some sixteen years before, 
(Congress passed a special law for Alabama and Mississipjji ? The Com- 
missioner certainly cannot doubt but that Missi8sij)pi, if she had not 
previously received Iku* live per cent., could receive all or any part of it 
under the act of 1857; and, if Mississippi, why not ' eacli of tiie other 
states?' The law so provido-j, and eover.i the original sum and all 
arrears du(; Missisijippi and other states." 

After misstating my premises ; after asserting that my argument is 
founded upon an assumed fact; after asservating that the assumption of 
that fact was gratuitous and untenal)le, the Secretary gravely comes to 
the eoncluftion that the argument is ungrounded! I sulKnit, from the 
Bhowing I have made, that, having ascribed to me wrong pr<,'mises, his 
concluHions are necessarily false. "The mote is in his own eye," and I 



:i 



62 

respoctfiilly return upon liim the conipliuient, tluit his "assumption of 
the fact ia gratuitous and untenable." 

The hiw of 1841 does, as the Honorable Secretary has stated, relin- 
quish to Mississippi the two per cent, fund arisini!;froni the lifth section 
of her enabling act, to be paid in two equal installments, and quarterly 
after the payment of the last installment; but I am unable to perceive 
any good reason in this why Congress should not subsequently pass aw 
act requiring tlie ivhole Jive per cent, account to be stated ''''for the jpur- 
pose^^'' as the language of the law is, " of ascertaining lohat sum or sums 
of money are due to said State^ {Mississipjn,) heretofore unsettled, on ac- 
count of thcpuhllc land^insaid State,'''' under the provisions of the sec- 
tion of her enabling act [ have just referred to, and require any balance 
to be paid. 

The same is true of Alabama, for the law of 1857, passed for the 
relief of Mississippi, and other states, is founded on the Alabama act of 
1855, with which your Excellency is familiar. 

The Honorable Secretary, on the basis of the foregoing premises, ar- 
rives at the strange conclusion that the act of 18-11 interposes, as an 
insuperable barrier, to the rigVts of Illinois under the law of 1857! I 
am not able to see the matter in that light, and it would certainly re- 
quire a legal microscope of extraordinary power to discover the legiti- 
macy of his conclusion. 

Having ])lanted the act of 18-11 as an outpost, to guard his further 
progress, and as furnishing a ])roper interpretation of the law of 1857, 
the Honorable Secretary advances upon the Indian reservations in Ala- 
bama and Mississippi, the history of which, and the claims growing out 
of them, he details at some length, which features it is wholly immate- 
rial I should examine, as they are extra-judicial matters injected into his 
opinion, and properly have nothing to do with the case. I suppose, 
however, his object in using the statement he has, pertaining thereto, is 
to show there was no necessity for the law of 1857, except to give to 
Mississippi live per cent, on Indian reservations, which alone, in his 
judgment, superinduced its passage. 

In conclusion he says : 

"Now in view of the inducements that led to the passage of these 
laws and the objects they were intended to accomplish, I submit that 
but one construction can be given them. 

"They plainly require that in ascertaining the amount of five per 
cent, due to those states by virtue of existing laws, the reservations under 
treaties should be included in the account, and that the land covered by 
them should be estimated at $1,25 per acre. 

"The section section requires that the Commissioner should state an 
account between the United States and each of the other states upon the 
same principle. 

" Upon what princij)le ? The obvious answer is the princij^le that the 
land reserved under Indian treaties should be regarded as so much laud 
sold by the United States, and should be estimated at $1,25 per acre. 

" I am unable to perceive that the claim which Mr. Morris repre- 
sents, has any foundation in the letter of these acts, or in their spirit, 
meaning or intention." 



63 

Now, Mr. President, I propose to briefly analyze the law of 1855, 
j)a68ed for the benefit of Alabama, and tlic law of 1857, passed for the 
benelit of Mississippi and other states, and see whether their sole object 
was to give to the states live per cent, on Indian reservations, and 
whether they require nothing; more, as the Honorable Secretary asserts, 
than to include in the live per cent, account authorized to be paid by 
previous acts of Coiiji^ress, the five per cent, on the value of Indian reser- 
vations. For that object, why was it necessary to state a new account? 

The nonoral)lc Secretary says he is unable to perceive that the claim 
which I represent has any foundation in the "spirit, meaning or inten- 
tion" of the acts of 1855 and 1857. If they have no such foundation I 
ask no benelit IVom them for Illinois — if they have, the Honorable Sec- 
retary's long experience in the law, and great acumen, ought to enable 
him to discover it, and grant to my State the rights she is entitled to 
under them. It will not avail to make a simple declaration, and leave 
it unsupported by argument. I desire nothing more than that the laws 
should be tested by all the legal rules of construction, their words, con- 
tents, subject matter, effect and consequence, spirit and reason, but at 
the same time, I protest against their being set aside by outside issues, 
and deductions drawn from those issues. 

IIoAv can "other states" have their live per cent, acconnt on pul)lic 
lands stated, if they had no Indian reservations, if, as the Honorable 
Secretary asserts, the five per cent, on those reservations w-as to attach to 
said accounts or be included in them ? According to the assumption of 
the Honorable Secretary, there must exist another law, authorizing the 
payment of the live per cent, on the public lands sold within a state be- 
fore an account can be stated and paid. Where there is no such law — 
and I admit no special ace has been passed for the benefit of Illinois — 
there can be nu statement, according to his logic, of the live per cent, ac- 
count, so that the second section of the act of 1857, relating to "other 
states," is rendered entirely nugatory. In other words, the legislative 
power of the Government was guilty of the consummate folly, according 
to the Honorable Secretary's reasoning, of passing an act without an 
object, and without a meaning. I leave the Honorable Secretai-y to re- 
concile, as best he can with C<>ngress, the difference between them. 

Let the argument be stated in another form. According to the Hon- 
orable Secretary's logic, another law must exist, as a basis for the com- 
putation of the five per cent. It was so with Alabama and Mississippi, 
and he thinks it must necessarily be so with other states, and therefore, 
where there is no such law, there can be no such computation, according 
to his opinion. And yet the land commissioner, confining himself 
within the scope and meaning of the Honorable Secretary's opinion, de- 
cides that under the law of 1857 Illinois is entitled to the live per cent, 
on her IndiaJi reservations, which amount to 41,754 59-100 acres in the 
aggregate, and that he will state that acconnt with a view to its pay- 
ment. I beg leave to read the correspondence which passed between 
us on the subject. 

[Note. — This correspondence will be found in a subsequent part of 
tlie report, relating to the per cent, on Indian reservations.] 

How can the commissioner state the account, wdien, by the very terms 
of the law, it is not to be regarded as a separate, distinct, substantive 



04 

ficcounf, but an account to be '■''included'*'' in anotlier account, to wit: 
tlie five per cent, land account. The absurdity into wliicli the Honora- 
ble Secretary and the Honorable Land Commissioner have fallen, is so 
apparent that the proposition need only be stated to be understood. 
AVliy did the law of 1S57 provide for or say anythincr about stating an 
account, under the lifth section of the enabling act of Mississippi, it that 
M'us not to be done? It could simply have provided for the payment 
to that state, and would have so provided if that had been its sole ob- 
ject of the five per cent, on Indian reservations. There is nothing in 
the tifih section of the enabling act of Mississippi which in anywise re- 
fers to Indian reservations, or which relates to five per cent, thereon, 
but it relates exclusively to the live per cent, on public lands within the 
state, upon which live per cent, was to be computed, and then the five 
per cent, on Indian reservations was to be added, or "included'' — that 
is the word the law uses. 

What is true of Mississippi is equally true of Illinois, one of the "other 
states." The five per cent, on the ])ublic lands valued al $1,25 per 
acre, was first to be stated, in the form of an account, and then the iivo 
per cent, on Indian reservations was to be "included," that is, put in 
the account, and the whole amount "allowed and paid." This conclu- 
sion is as inevitable as that two and two make four. No reasoning or 
BOphisti-y can overthrow it, and it is but trilling witli legitimate deduc- 
tions to attempt it. So clear is it that we might vis well cavil with the 
decree of the Almighty, when He spoke the sublime words, " Let there 
be light, awd there was light." 

But the Honorable Secretar}^ says, after reaching the conclusion on 
the basis of his method of reasoning, and this is all he says about it: 

"The second section" (referring to the law of 1857,) "requires that 
the commissioner should state an account betweon the United States and 
each of the other states, upon the same principle." 

"Upon wdiat principle? The obvious answer is, the principle that 
the land, reserv&d under Indian treaties, should be regarded as so much 
land sold, by the United States, and should be estimated at $1,25 per 
acre." This is all true enough. It is all true that Indian reservations 
were to be treated as land sold, and this is the S'^le conclusion the Hon- 
orable Secretary draws from the second section of the act. Is there 
anything in the simple fact that Indian reservations should be regarded 
and treated as lands "s(9Zc/," to exclude the deduction that an account 
should be stated on the net proceeds of the public lands? Certainlj' no 
such deduction can properly be drawn from the law itself, for the very 
groundwork of that law is that the account shall be stated on the lands 
Eold, and then provides that Indian reservations shall be treated in the 
computation as such lands. The Honorable Secretary has sought for, 
without finding, a secure refuge under a conclusion, right enough in it- 
self, but essentially wrong when tested by the entire provisions of (he 
law. And yet, in language covering ten lines, upon such reasoning as 
I have stated, he seeks to set aside the important interest of my State. 
The tact alone that Indian reservations were to be treated as lands 
"sold," shows of itself that both were to be included in the account to 
be stated. I protest, in the name of my State, against his reasoning, 



65 

and his deductions. Both are unfounded, except upon violent presump- 
tions and false contusions. 

The very title of the act of 1857, which is its best interpreter, sustains 
the construction I have given to the law. It is "An act to settle certain 
accounts," using the plural term, " between the United States and the 
state of Mississippi," — not to settle an account^ but '* certain accounts^'' — 
thus showing conclusively that the five per cent, land account, and the 
live per cent, account on Indian reservations, were both to be included. 
As with Mississippi, so with the " other states." Their accounts — not 
account— were both to be stated ; that is, the five per cent, account on 
the public lands sold, and the five per cent, on Indian reservations, 
which, when ascertained, was to be included in the first or land account; 
and, when thus stated, the law declares they shall be " allowed and 
paid." Notwithstanding this is so plain, the land commissioner only 
proposes to state the account of the five per cent, on Indian reservations. 
I submit that his action is wrong, and in palpable disregard of the very 
letter of the law. 

The account to be stated for Alabama and Mississippi was not an ac- 
count alone of the two per cent, which the law of 1841 provided for 
paying, but the whole five per cent, account on public lands, including, 
ot course, the three per cent, which they had received under and by vir- 
tue of their enabling acts, and any balance found due was to be allowed 
and paid, the law covering both the two and the three per cent, fund, so 
that the Honorable Secretary could have applied, with the same propri- 
ety and correctness, and traced to an equally original origin, the law of 
1857, if he had applied it to and grounded it on the special anterior acts 
of 1817 and 1819, enabling the people of Alabama and Mississippi terri- 
tories to form state governments, as he did in tracing it to and founding 
it on the law of 1841, providing for the payment of the two per cent, 
fund to those states ; and to the three per cent., placed by the first acts 
directly under the control of the legislatures of those states, as he did to 
the two per cent, provided to be paid over under the last named act. He 
could also have found an interpretation equallj intelligent and reasona- 
ble for the necessity of passing the act of 184i, in the enabling acts for 
Alabama and Mississippi, as he did in finding a necessity for the act of 
1857, in the law of 1841. The act of 1857 relates to tlie laws of 1817 
and 1810, precisely as it does to the law of 1841. Then why allow the 
latter, as he does, to furnish the only solution for the necessity of its 
passage ? The reason may be found in something else, perhaps in an 
anxiety for a refuge, but certainly not in his interpretation of the reason 
why the law of 1857 was passed, to wit : to cover Indian reservations, 
as the act of 1841 covered the two per cent. Did not the laws of 1817 
and 1819 cover the three per cent. ? And why should not the necessity 
for its passage be found in the latter laws as well as the former ones ? If 
all or any part of either fund remains unpaid to Illinois upon the account- 
being stated, that is, upon ascertaining if any, and if so, how much, has 
l)een paid, the remainder shall be allowed and paid, deducting the pay- 
ments from the sum total. In short, the law of 1857 provides for closing 
up the whole five per cent, accounts of the states, by declaring that the 
amounts found due should be paid to them upon being stated'. This is 
just what it Dieans — nothing more, and nothing less — and just what it 
—7 



66 

vras intendod to meaTi. 'No leo:aI mind can malcc, legitimately or logi- 
cally, anything else out ot" it. If it does not mean that it means iiothing, 
and is a legislative abortion. Suppose Alabama and Missi^sipl)i had 
demanded, under the law of 1S57, a statement of their whole five per 
cent, account, and they may have done it for aught I know, for it was 
not a material inquiry witii me, and tiie payment of any balance due, 
would they not have had a ri^ht to make the deniaiul, and would it not 
have been clearly the duty of the land commissioner to have complied 
with such demand ? If Alabama and Mississii)pi had such a right, why 
not Illinois? AVhy refuse to deal out to her equal and exact justice? 
Why deny her an equal privilege under the law ? Why this favoritism ? 
AVhy turn one state away, when you would not and could not another? 
Their rigiits are equal under the law, and Illinois only asks to be placed 
where Alabama and Mississippi now stand. If it was not the intention 
of Congress to place the "other states" on an equal footing with Ala- 
bama and Mississippi, in respect to the live per cent., why did they say 
anything about it in tliat connection ? and why did they so provide? 

" Ai' act to settle certain accounts between the United States and the 
state of Alabama," approved March 2d, 1855, requires "an account to 
be stated." What account? The account relating to Indian reserva- 
tions? No. What account then? The law is speeitic in defining it. 
It says "that the Commissioner of the General Land Office shall state 
an account between the United States and the sta^e of Alabama, for the 
purpose of ascertaining what sum or sums of money are due to said 
state, heretofore unsettled, under the sixth section of the act of March 
second, eiu'hteen hundred and nineteen, for the admission of Alabama 
into the Union." What language could be ])lainer? The land com- 
missioner is "required" — that is the word used in the law — to state an 
account. Between whom? "The United States and the state of Ala- 
bama." For what object ? For the ])urpose of ascertaining what sum 
or sums of money are due to said state, heretofore unsettled. Under 
what? The sixth section of the act of 1810, allowing the people of the 
territory of Alabama to form a constitution and state governtnent, pre- 
paratory to their admission into the Union. What is the provision of 
that section? I will read it: 

"That live per cent, of the net proceeds of the lands lying within 
the said territory, and which shall be sold by Congress, from and after 
the lirst day of September, in the year one tliousand eight hundred and 
nineteen, after deducting all expenses incident to the same, shall be re- 
served for making public roads, canals, aiul improving the navigatiiui 
of rivers, of whdcli threeiitths shall be applied to those objects wit! in 
the said state, under the direction of the legislature thereof, and two- 
lifths to the making of a road or roads leading to said state, under the 
direction of Congress." 

If the law stopped as far as I have quoted it, there would be fvuind 
in it nothing about Indian reservations, but. it goes on to say "and that 
lie" — referring to the land connnissioner — " be required to include in the 
said account the several reservations under ihe various treaties with the 
Chickasaw, Choctaw and Creek Indians, and ;.dlow and pay to the said 
state five per cent, thereon, as in the case of other sales," so that the In- 
dian reservations are only cu7miIaHoe, and not, as the Honorable Secre- 



615 

tary supposes, tlic orif^inal substantive oV)ject of the lefijishition. If any 
uireai\s were tVMin'l due to Ahibania, iiiidt-r the sixtli section of the act 
U(lMiiMiti<, her into the Union, they weie to be stated and paid by the 
act of 1«57, wliether they were partb of the two oi' three j^er cent, fund, 
so that it became neces.sai-y that the law sliould be wide enougii and 
i/i'oad enough to cover tlie wiiole suliject. But aside from this I Bubmic 
whether there was any necessity for the Kiw or not. Conj^ress was the 
proper jud;;o, and not the Honorable Secretary, wh? ar<j^ue8 upon tlie 
assuinpiion there was no necessity for it. Tiiat is not the question — not 
the piMper subject of in(piiry — the real question is, does the law exi.st? 
If your excellency will turn to the Lionorable Secretary's opinion, you 
will find it there. 

The "Act to settle certain accounts between the United States raid 
tlie state of Mississippi, and other states," is based upon the Alabama 
act, aiul is similar in its provisions, except that it is made <renejal in its 
teririp, and fixes the value of all ))ublic lands, as well as Indian reserva- 
tions, upon which the five ]jer cent, is ♦"O be stated and j>aid, at $1,25 ]>er 
acre, wliich the Ahibama act omitted. Illinois is one of the "other 
states," included in the law, and I only ask in her behalf the benelit of 
its pi-ovisions — only ask that she shall be placed on an equal footing, 
whe e the law places her, with Alabama and Mississppi. 

What does the second section mean when it fixes the value of ^^ all 
lands'''' as well as '"'peTmmient reservations^'''' using both terms, at 81.25 
per acre, but that the computation ot the five per cent, should be made 
iqjon both? What does the law mean when it says tlie amount thus 
found due " shall be allowed and paid?" It means precisely what it 
says or it means nothing. It is either a plain statute, which anyone 
can understand, or it is a piece of useless legislative folly. Confine the 
construction to the strictest letter of the act, and allow no spirit of gen- 
erous liberality towards a state — let the harshest, most rigid and parsi- 
monious course be adopted by your ministerial officers, and still the law 
is with IlliiKjis. Every effort to batHe, distort or overthrow it, leaves it 
the same plain, unmistakable statute. Its provisions may not be com- 
plied with, but they cannot bo misunderstood ; they may be disregarded, 
but they cannot be construed away. They are too plain to cavil over. 

Some may, and probably will, derive the impression from the tenor 
of a portion of the Ilonoi'able Secretary's opinion, that Illinois was 
only entitled to three per cent, on her public lands, which she received, 
while Alabama and Mississippi were entitled to five. The fact is, each 
was equally entitled to the five per cent., the provisions in their enabling 
acts being similar, except that Illinois took three parts of her five per 
cent, for educational purposes, while the other states took theirs for pur- 
poses of improving the navigation of rivers, and constructing roads and 
canals. Each state had and held an absolute right in the fund set apart 
to them, but (Joiigress reserved to itself the right, as trustee, to expend 
two ])a)'ts of each, to con.truct a road or roads, leading to each state 
respectively. The money, when it accumulated in the treasury, did not 
belong to the General Government, but to the states. They had ren- 
dered a full equivalent therefor, by a stipulation between them and the 
United States, that they would not tax the public lands for five years 
after their entry, nor the lands of non-residents higher than those of 



68 

residents, and, in addition, Illinois exempted patented lands from taxa- 
tion for a certain period. Tliat M'luit .1 have said iii roi;;ard to the live 
per cent, bclono-ino- to the states may be more clejirly nnderstood, 1 will 
read the provisions relatiiig thereto, applicable to Miesissi]>pi and Illi- 
nois. I have already read the one api>lying to Alabama. 

The fifth section of an act to enable the jteople of the western ]>art of 
the Mississippi territory to form a constitution and state government, 
etc., ap]->roved March Ist, 1817, is as follows : 

" That live per cent, of the net proceeds of the lands Iving within said 
territory, and which shall be sold by Congress from and after the first 
day of December next, after deducting all expenses incident to the same, 
shall be reserved for making public roads and canals, of which three- 
fifths shall be applied to those objects within the said state, under the 
direction of the legislature thereof, and two-fifths to the making of a 
road or roads leading to the said state, ncder the direction of Con- 
gress." 

The act admitting Illinois into the Union, entitled " An act to enable 
the people of the Illinois territory to form a constitution and state gov- 
ernment, and for the admission of such State into the Union on an equal 
footing with the origiiud states," approved April 18, 1818, says in sec- 
tion sixth, condition third : 

" That five per cent, of the net proceeds of the lands lying within such 
state, and which shall be sold by Congress, from and after the first day 
of January, one thousand eight hundred and nineteen, after deducting 
all expenses incident to the same, shall be reserved for the purposes fol- 
lowing, viz : two-fifths to be disbursed, under the direction of Congress, 
in making roads leading to the state, the residue to be appropriated by 
the legislature of the state, for the encouragement of learning, of which 
one sixth part shall be exclusively bestowed on a college or university." 
The sum claimed by Illinois has alread}' been apjoropriated to that 
State. The sixth section of her enabling act reserved it to her. Simi- 
lar provisions in the enabling actsof other states, or in the acts providing 
for their admission into the Union, reserved a like sum to them respec- 
tively. There has been a uniform construction given by the General 
Government to the provisions reserving the five per cent, to the states, 
and no one has ever doubted that those of them in which })vdilic lands 
were located are legally entitled to it. In cases where it has not been 
paid over, it remains a reserved fund in the United States Treasury, as 
the property of the state, and the law of 1857, which attaches itself to 
the provisions setting aside and reserving it, declares " it shall be allowed 
and paid." What further legislation is necessary? Illinois has so 
much money in the National Treasury, and the law says to the propei 
nccounting officer '' state her account" under the sixth section of her 
enabling act, and when you have ascertained the amount of the five per 
cent, on her public lands and Indian reservations, if only three parts ot 
it Las been paid to her, pay the balance. Is it possible for ariy legisla- 
tion to be plainer'^ The laws speak for themselves and plead my cause 
for me, not with dumb and silent mouths, but living voices. Congress 
has done its duty. If public officers refuse to do theirs, hold them to a 
proper accountability for it. Illinois cannot do more with them than to 
send up into their ears her voice, which she will do, in vindication of 



69 

}ier rif^hts and honor, and expects to be heard and underBtood wlien she 
dof!S speak. IJer f^roat interestB liave been sported with, and must slie 
remain qniet ? Must she neglect to speak for lier riglits, and speak 
y)iain]y and openly ? (Jandor in the souJ of lionesty and truth. Witliout 
it they are tlie priceless treasures of Heaven hidden under the garb of 
duplicity. Illinois always talks p^lain. 

We liave seen that the lion. Secretary claims, in his opinion, that not 
a dollar of the two per cent, of Illinois lias been diverted from the 
original object foi" which it was appropriated by Congress. Was it a 
legal and proper use of it to build a road witli it, leading to the State, 
and then give that road to Indiana, his own State, as was done? Was 
it a legal and proper use of it to squander the amount on detached por- 
tions of work on the National road in my own State, and then abandon 
the enteq>rise, leaving all that had been accomplished in a useless and 
worthless condition 'i It' such is the lion. Secretary's legal conclusion, 
and it seems to be, I must differ from his construction of the 6tli section 
of the act admitting Illinois into the Union, which sets apart and 
reserves to the State five p»er cent, on her public lands, and provides 
that two p^arts of it shall be expended under the direction of Congress 
in "making roads leading to the State," not in making a road and 
giving it to Indiana, not in making an attempt to build a road, and then 
al>aTidotn'ng it, but to '•'"maheroadHP Where is the road "made" for 
the benefit of Illinois? I will be greatly obliged to the lion. Secretary 
if he will point it out, and so will my State. I again ask where is it? 
Where is her road? Has Indiana got it? Is there the trouble? The 
Hon. Secretary entirely overlooks or ignores the fact that after the road 
was constructed through Indiana to the border of Illinois it was dona- 
ted by Congress to his own State, and this, in his view, is complying 
witli the law! 

But suppose we admit, for the sake of argument, all that the Hon. 
Secretary has said, still he seems to have forgotten the important facts 
that the law of 1857 was p»assed long svhsequffni to all acts making 
appropriations for the National road, and that that law is the last mind 
of the Legislature, and is consequently to govern. The mistake he has 
made is that he has been traveling tlirough old and gloomy sepulchres, 
looking for living forms where none exist. He speaks through the 
dead, and not the living. The law of 1857 is the monumental shaft 
which rises over the spot where lies entombed the acts reserving the 
two per cent, fund of Illinois for the purpose of constructing the 
National road, and upon which is inscribed the epitaph, "that road 
belongs to Maryland, Pennsylvania, Virginia, Ohio and Indiana — lll%- 
nois lias no henefioial part or lot in it.'''' 

In short the whole case is in a nut shell, if I am allowed to use a 
western phrase. Mississippi applied to Congress for an act, as Alabama 
had previously done, to have her five per cent, account stated under her 
enabling act, and ])roposed that her Indian reservations shovild be inclu- 
ded in it. Congress did not see thfe justice or propriety of those states 
receiving the live per cent, without ay>p1ying the same principle to other 
states, and hence amended the bill of Mr. Brown so as to have their five 
per cent, accounts stated, allowed and paid ujion the basis that "all 
lands and permanent reservations should be estimated at $1 25 per acre." 

It is noticeable that the Hon. Secretary does not, in his lengthy opin- 



TO 

ion, fitteinpt to discuss the law, but to dofoat its provisions, and debar 
my State of her ri<ilits under it, Uy thriistin>i; l)cf.»re lier mutters wliieh 
]\.\c as little to do with the law itself as they have with the niond code. 
It is also a singular fact, that of all the leijcai niituls, (and some i)f theui 
of the very highest order.) to whom the question has been ntiicially or 
nnofBcially sidxiiitted, not one has been found outside of the Interior 
Dejiartment, that has not arrived at the conclusion that Illinois is enti- 
tled legally to the benetits I claim for her. 

The history of the act is brief, and I might as well give it, as it M-ill 
assist in the elucidation of the law. The thirty-iburth Congress organ- 
ized on Monday, the 4th of March, 1S5(», after a long ct»nlest in the 
IIouso of Uepresentatives for the election of Speaker, which resulted in 
the choice of Z*lr. BaidvS. On that day, Mr. Brown, of Mississippi, 
introduced into the Senate a bill to settle certain accounts of Mississippi 
with the United States. (See Semite Journal, first session, o-ith Con- 
gress, ]iage Si.) The bill was referred to the committee on jn'olic lands, 
(the appropriate committee,) and on the 2t)th of Ap.il they reported it 
back with an amendnient. (See Senate Journal of same Congress, page 
290.) It passed the Senate on the following 5th of May. (See Senate 
Jonrmd, page 301.) Mr. Sinart, of Michigan, was the member of the 
committee who reported it back, its passage having been nnanimou^ly 
recommended. Mr. Brown was the only Senator who discussed i-, and 
lie did so briefly. I will read all that M'as said and done at the time of 
its i^assage : 

"Mr. Buowx — The committee on public lands on Thursday last 
reported back the bill introduced by me (S. No. 4) to settle certain 
accounts between the United States and the State of Mississippi. The 
principle on which it is based has already been settled by the action of 
Conijress. It: applies to my State, and the amendment of the commit- 
tee embraces like interests in other states. I ask the indulgence of the 
Senate to take up and pass it now, so that it may have a fair oi)])ortunity 
of gettino- through the House of Uepresentatives at the present session 
of 0on2;ress. If it embraced any new principle I should not ask to 
liave it taken n]> novr." 

The motion was agreed to, and the Senate ])roceeded, as a committee 
of the whole, to consider the bill which proposes to direct the Commis- 
sioner of the General Land Otiice to state an account between the Uni- 
ted States and the State of Mississippi, for the })nrpose of ascertaining 
what sum or sums of money are due to that State, heretofore unsettled, 
on account of ])ublic lands, and upon the same principles of allowance 
and settlement as are prescribed in the " Act to settle certain accounts 
between the United States and the State of Alabama," apjiroved March 
2, 1S55. He is to include in the account the several reservations under 
the various treaties with the Chickasaw and Chocktaw Indians within 
the limits of Mississippi, and allow to the State live per centum thereon, 
as in case of other sales, estimating the lands at the value of $1 25 per acre. 

The committee on ])ublic lands reported the following amendment: 

And be it fin'lher enacted, That the said commissioner shall also state 
an account between the United States and each of the other states, 
upon the same iM-inciples, and shall allow and ))ay to each State such 
amount as shall thus be found due, estimating all lauds and pormauent 
reservations at $1 25 per acre. 



71 

TIio amendment was .if^reed to; the bill was reported to the Senate 
as amended, and the amendment was concurred in. The hill was 
ordered to be eni^rossed for a third reading, was read the Ihird time aiid 
l):l^^;e^L 

On motion of Mr. Stuart, the title was aMiended so as to read, "A 
bill to settle certain accounts between tlie United States and llie Stato 
of Missi.ssipjn and other states.'' 

It will be perceived that Mr. Bi-own says the bill eirdn'aced no new 
princii)le. The payment of the live per cent, to the states had long 
been acquiesced in and was no new principle. Hence there can be no 
misapprehension of the legislative mind — and what was intended to bo 
and wa-! provided \'>.tv. It was tiic payment of the live j)er cent. 

It will also be noted that he definitely btates that the hill provided for 
the setrleuient of cetfaln accounts — not \\)\' the settlement of an acco^iut 
between the United States and the State of Mississij^pi, and that the 
amendment of the committee ''^embraces like inttrests'''' — not interests 
in other states. This explanation of the bill clearly shows the under- 
standing the introdiTcei' of it liad — the understanding the committee on 
public lauds and the Senate had of ir. Its terms were so just to Mis- 
6issipi)i and "other states," and its provisions so nnmistakable that no 
one doubted them, or attemj)ted to give any other interpretation to tho 
act. All undei'stood it as relating to the five per cent, to be paid on 
pubb'c lands sold, and on Indian reservations. 

The bill undei'went the rigid scrutiny of the Senate committee on 
public lands, who would not consent to its passage nntil they had so 
amended it as to ]>lace the <• other states" on an equal footing with 
Alal)ama anrl Mississippi in res|)ect to the live percent. After it i-eached 
the House it was refened to the judiciary committee, I'eported back by 
them, and its passage unaiiiinonsly recommended. A l)rief explanation 
Avas matie of tho Indian i-eservation featin-e of it by Mr. Lake of Mis- 
sissij)])i, tho rules were susj^endod, and it passed that body on such sus- 
pension of tho rules. 

The Hon. Interioi- Secretary refers, in his opim'on, to the payment of 
the five ]ier cent, to Arkansas, Iowa-, Kansas, Louisiana, Michigan, Min- 
nesota, AVisconsin and Oregon, and leaves it to he inf'ei-red that special 
laws were passed by Congress, appropriating that fund to the respective 
states named. Such is not the fact. All liad it set directly apart to 
tlietn, and ])laced under the control of their i-csipectivc legislatures by 
their enabling acts, or the acts j)roviding for their admission into the 
Union. Loiiisiami was tho first State thus dealt with. Subsequently 
Congress c!ian2;ed its policy aiul reserved two-lifths of the five ])er cent, 
to be expeudcd luider its (jwn direction, and applied this restriction to 
Missiseip|)i, Alabanui, Illinois, Missouri, Indiana, etc., as it had before 
a|)plied it to Ohio, In 1S36, the restriction was not imposed on Arkan- 
sas or Michigan, when they came into the Union, nor has it been upon 
any new State since that period, thus showing the tact that the general 
governnient became moio and more liberal in her dealings with the 
yonnger mcndiers of the confederacy, as was entirely j^ropei-. 

A 'j>oition of the states rcceivivcj dircdhj the whdle jive per cent, to he 
expended under tJte direction of tiurr own ligislaiiires, it ltd first to 
special Icijislation., to give Us control to other siatistvh'dihad not received 
all of it, and findXy culminated in the general law of 1857. 



72 

The lion. Secretary says : " It is truly said in argument by Mr. Mor- 
ris, that the two per cent, has been paid to Missouri, and he expresses 
the opinion that the reasons which led to the conclusion that Missouri 
was entitled to it, support with equal force the claim of the State of 
Illinois. There is this essential ditference between the two cases : the 
payment to Missouri was made in obedience to the requirements of an 
act approved Febrnary 28, 1859." 

I did make the statement attributed to me, when discussing the ques- 
tion of the National i-oad, as a matter of contemporaneous history^ show- 
ino- that Illinois has derived no more benetit from it than Missouri — not 
in'^the sense in which the Ron. Secretary interprets it. iiut I also 
stated in my report, that because a State was driven to the necessity^ of 
procuring the passage of a special act, to obtain rights she was denied 
by rebictant otiicers, that did not deprive Illinois of her rights under 
the act of 1857. Will the lion. Secretary say he thinks it does? Let 
us reduce the argument to the form of a syllogism. Missouri was enti- 
tled to two per cent, for road purposes on her public lands ; Missouri 
o-ot her two per cent, under a law passed in 1859, therefore Illinois has 
no right to her two per cent, under the act of 1857. It is by such 
arguments as these that my State is denied justice by the Interior 
Department. 

There is one other point touching the act of 1857, which 1 will notice 
and then dismiss that branch of the subject. The Hon. Secretary says :^ 

"Mr. Morris is of opinion that the decision of a former Secretary of 
the Interior favors his construction of the act of March 3, 1857. The 
point involved in the appeal from your office, and submitted to the 
determination of Secretary Thompson, was, whether lands located 
within the State of Mississippi to satisfy certain Chocktaw scrip issued 
under the acts of Congress of August" 23, 1812, and August 3, 1816, 
were within the beneticial provisions of the act of 1857. 

He decided that such lands, in adjusting the accounts of that State, 
"are to be regarded as constituting a portion of the several reservations 
under the various treaties with the Chocktaw and Chickasaw Indians." 

The same principle of adjustment, the second section of the act now 
under discussion, extends to be applied in the settlement of the live per 
cent, accounts of the " other states." 

The Hon. Secretary's quotation from the opinion of his predecessor, 
or rather a partial synopsis of and abstract from it, evidently furnished 
by one of his clerks,' proves altogether too much to sustain his position. 
After disposing of the case before him under the first section of the act, 
Mr. Thompson says: "This same principle of adjust!nent, the second 
section of the act "now under consideration extends to be applied in the 
settlement of the five per cent, accounts of olher states." Yes, " Md 
settlement of the five per cent, accounts of other states ! " But pir. 
Thompson says more in his opinion which the Hon. Secretary does not 
think proper to quote. He adds immediately after the foregoing words 
" thus as regards justice and right, Alabanui and Mississippi are entitled 
to a liberal construction of the acts of Congress of March 3, 1855. and 
March 3, 1857, and as a matter of equity between these two states as 
claimants against the United States and as between them and the other 
states of the Union, all are entitled to the same equal and liberal con- 



Y3 

struction in carrying- the act of 1857 into efiect." I submit then I was 
rio;ht in saying 'that Mr. Tliompson's opinion sustains my construction 
of the Law. Had the Hon. Secretary turned to the records of the Gen- 
eral Land Office, he would have found another opinion there recorded, 
that of the Hon. Thomas A. Hendricks, of his own State, formerly 
commissioner of that office and now a United States Senator, a gentle- 
man of the highest legal ability, which also sustains my construction. 

The Hon. Secretary adopts the opinion of his predecessor, that lands 
located with Indian scrip are to be treated as lands sold, but there he 
stops, and does not give the same liberal and proper construction to the 
act of 1857, which Mr. Thompson said applied to the settlement of the 
five per cent, account.? — not account of the other states. The one is in 
favor of placing the "other states" on an ecpiality with Alabama and 
Mississippi — by giving to them the five per cent, on their public lands, 
and on their Indian reservations the same as Alabama and Mississippi 
received, but the other says Illinois has no such claim to equality of 
rights. Alas for poor Illinois ; true and loyal as she is, she finds the 
Interior Department slamming the door of public justice in her face. 
Although she has spoken through her press, her governor, her judges, 
her State officers, her Legislature and her Congressmen, their united 
voices are treated as only the distant murmurings of fraudulent demands, 
engendered in wrong motives and a clouded intellect. Must she rest 
under the implied imputation that she can neither present an honest 
claim or understand her rights? It is her privilege and duty to insist 
that because the act of 1857 includes Indian reservations, it does not 
necessarily, as the Honorable Secretary seems to suppose and assume, 
exclude every other object, purpose and thing. This will be the more 
apparent when we remember that Mr. Thompson, a former secretary, 
determined that the law of 1857 extended to be applied to the five per 
cent, account* of the other states, whereas the acting secretary, who 
relies upon his opinion misquotes it, and makes him use the word 
" account," which he did not use — a word essentially difl'erent from 
accounts used in the law. To state " an account" is quite a difl'erent 
thing to stating "account*'" as the law requires, 

Mr. President, the Honorable Secretary does not rest his case upon 
his construction of the act of 1857. He evidently distrusts that ground 
himself, or else why has he labored to show that Illinois has already 
received her two per cent, in expenditures on the National road, thus 
by inference, casting upon her the imputation that she is trying to palm 
ofi" a fraud on the general government, which I repel as untounded. 

One of two things is certain. She is either entitled to the payment 
of her demand under the act of 1857, without regard to the expenditures 
leferred to, or she is not entitled to receive it without further legislation. 
This I freely admit. Perhaps the same reason, (or it may have been 
some other one, and if so, it makes no dift'erence) which led to the pas- 
sage of the act of 1859, for the benefit of Missouri, may have led 
(indeed I am told it did) to the passage of the acts of 1855 and 1857, 
namely, that government officers refusing to do their duty under previ- 
ous laws it is often more expeditious and pleasant to procure the passage 
of another law, to avoid their objections, than it is to contend with 
them. 



74 

It is often said that tlio rnitod States is the most unjust goverunieut 
ill the AvorUi towards her honest ereditors — that her otheers hibor to 
evade, and not to exeeute a Luv appropriating money to diseharge exist- 
ing obligations. However this may be, the act of 1857 is so full nwA 
complete in its terms, that llHnois rests her claim upon it with the con- 
lident expectation of having it allowed and paid. It may safely be 
asserted that if the general government never quibbled, caviled or 
sported with the interest of a State, but always dealt frankly and fairly 
with her it would be far more likely to secure her enduring aiul atlec- 
tionate coniidence. It ought always to bo liberal and nuignauin\ous, 
but more especially equally just in its dealings with all the states. 

The Honorable'Secretary states that the case of Illinois differs from 
that of Alabauui and JMississippi in that the U>th atui l7th sections of 
the act of 1^41 ••relinquished" to those states the two per cent. fund. 
The act of J8r>7 did precisely for Illinois what the act oi' 1S41 did for 
Alabama and Mississippi, namely : granted to her the right to possess 
and control the two per cent, fund, but the whole interest-^ of all the states 
^cas covered hj the more comprehensive act of 1S57. It is insisted that 
that fnnd was retained in tiie treasury to replace appropriations out of 
it for the 2satioiud road. How could tins be until the account was 
stated, for until thou there was no fund in the treasm-y out of which to 
replace it. The fact is, that at the very time of the appropriations 
referred to by the Honorable Secretary, no such fund, in any amount, 
existed anywhere, for but few of the i>ublic lands in Illinois had then 
been sold.* ^Vhen it did accunmlate in the treasury, it remained a 
reserved fimd until the act of lSo7 vested it in the State, for up to that 
time, nor since, has there been an account stated by which to determine 
the sum due the state, or witli which she Avas to be charged, if auv thing. 
But granting that the fund that existed has been exhausted, let us 
examine the modes by which it is said to have been absorbed, aitvl see 
whether Illinois has been fairly and equitably dealt by. 

I will not again travel over the whole tjuestion of expenditures on 
account of the ]Satiomd road. That j^oint 1 pretty fully discussed in a 
report to Governor Yates, submitted in A}n-il last, copies of which I 
sent to your Excellency. The opinion o\' the llomn-able Secretary pre- 
sents no new feature in the aspect o\' the question, nor has he ventured 
Tipon au assault, in direct terms, on Illinois' equitable rights, though his 
data, unexplained, will leave the impression she has not much equity. 
For instance, he states her two per cent, fnnd amounts to S-l:74.,000 00 — 
that ^600,000 00 was appropriated to be expended on the IS'atioual road 
in that State — that the work done upon it in Illinois, C\>ngress has 
relinquished to that State, and therefore he thinks the conclusion must 
follow that she has no just claim. 

The unfairness of arriving at results in this May is very trans]\<irent. 
Let us look at the facts. Some of them have been stated by the 
Honorable Secretary, if not entirely accurately, at least enough so for 
all useful purposes. Some he has altogether onntted, which it is neces- 
sarv to know, before there cau be a fidl and proj^er understanding oi' 
the subject. He states that the act of Alay lo, 18l^\ provides that 
three commissioners shall be appointed by the rresident to lay out u 
road between AYlieellng, in A^irginia, and the Mississippi river, tormina- 



75 

ting at a point between 8t Louis and the mouth of the Illinois river — 
that it was declared in the ax^t that notliing contained tlierein should be 
so construea as obh'gating the L'nited States to make the road. This is 
all 60, but what of it? It is quite clear that the Honorable Secretary 
leaves the inference to be drawn that the United States never placed 
itself under any obligation to construct the road through Illinois — that 
she was only ijonnd to enter the State and expend the two }>er cent, 
fund. This, to say the least, Air. I/resident, is ratlier unfair towards 
your State and mine, for sufjsequently Congress, from time to time, 
gave additional assurance that the road was to pass thro; gh Illinois to 
the capital of Missouri, and made ai)propriations for that object. If 
she never gave such assurance she never fulfilled, even 'in the basis of 
the Honorable Secretary's reasoning, any part of her ol>]igation. The 
general government kept its faith with Indiana and Ohio, as stated in 
my report, but it never kept its faith witii Illinois and Missouri. A 
sum which the Honorable Sfjcretary states to be $000,000, was wasted 
in Illinoirj, on detached parcels of work, but the road was never finished, 
indeed hardly commenced, nor did the State ever derive any benefit 
from it. The reservation of the two per cent, fund was based upon the 
ground that the road would be constructed. Ti the enabling act it 
was "reserved" to construct roads leading to ilia State. Illinois has 
never received the benefit of any road, constructed or to be constructed, 
as cont(?m plated by law. There can be no pretence that she has. 
Hence Illinois has as strong an equitable claim today to that fund as 
she ever had. I think it would have been nothing more than right for 
the Honorable Secretary to have stated these facts and made this 
acknowledgment. I admitted in my report to Governor Yates that 
something n)ore had been expended in Illinois on the National road 
than tlie two ]jer cent., but insisted that as the State had got no road 
"leading to it," or within her limits, nothing but the valueless remains 
of an abortive effort to build one, the whole ground for retaining the 
inoney had failed. Was I not right? 

There was expended upon the road in Ohio about two and a quarter 
million dollars, five times, at least the amount of her two per cent, fund, 
and in Indiana about one and a quarter million, nearly three times as 
much as her two per cent, fund, while the sum of $000,000 00, men- 
tioned by the Ilonorahi Secretary, only exceeds the two per cent, of 
Illinois in the coniparatively pitiful amount of $132,000 00. Besides, 
Oliio and Indiana got those parts of the road within their limits, they 
being given to them by special acts of Congress, and for many years 
have had toll-gatherers upon them, and at the bridges, thus deriving a 
revenue from them, while Illinois obtained nothing of any value. In 
this state of fact it is luirdlij put to leave the iwjrreHfiion^ as the opinion 
of the Honorable Secretary will be understood, tJiat Illinois stands upcn 
the same ground in respect to the National road that Ohio and Indiana 
do. Let me repeat, is it just for a report to find its way into the news- 
papers from the Interior Department, to furnish evidence of its rigid 
justice, impartiality and watchiul" economy ! that Illinois stands upon 
the same footing, in respect to the National road, with Ohio and 
Indiana? Is it just fur Ohio or Indiana to now say to Illinois "you 
have no equity — no legal rights." "get ye behind me, I know ye not?" 



76 

The truth is, that tlie provisions reserving the two per cent, road fund 
of the states in the hivvs appropriating money for the IS^ational road — a 
road that was advocated and supported on the ground it was to he a 
military road, over which was to be transported men and munitions of 
war, and was to increase the vahie of the pubHc lands — are mere baga- 
telles inserted in the acts to catch the votes of members who did not 
believe that Congress had the constitutional power to appropriate money 
out of the National Treasury t<.)r any such object. The fallacy of the 
whole thing is clearly apparent when we remember that nearly seven 
million ot dollars was expended upon that road, and the entire sum was 
to be replaced out of the two per cent, fund of Ohio, Indiana, Illinois 
and Missouri, when that fund is less than two million! _ 

There was e\]Hnuled upon the road in Ohio and Indiana alone about 
two and three-cpiurter million of dollars more than the entire amount 
of their two per cent, fuiul, and very nearly two million more than the 
entire aggregate of the two per cent, fund of Ohio, Indiana, Illinois and 
Missouri combined. The two per cent, of Illinois having thus been 
absorbed by the expenditures in Ohio and Indiana, those states are 
enjoying the benetit of it. Congress having, as I have already said, 
given them the portions of the road lying within their respective limits. 
This is truly a consoling relleotion to Illinois! She ought to be grateful 
that her citizens are taxed bj Indiana for traveling over a road which 
her own money has assisted to construct ! 

But the Honorable Secretary says Illinois, too, had the work done 
within her boundaries granted to her by Congress in 1856— a period 
twenty years after all labor upon it had ceased, and of course up to that 
period Congress claimed its ownership and control, as is evidenced by 
the very grant itself. It would have been more ]iroper for him to have 
said that Congress, by a law of that date, voluntarily proposed to 
appoint Illinois administrator de honis non upon a _ few wasted and 
crumbling embankments, ruined culverts and rotten bridges. The State 
respectfully declines the office. 

In the matter of the two per cent, fund of Missouri, Mr. Tappan, 
from the Judiciary Committee of the House submitted on the !29th of 
May, 1858, a printed report. After giving the i)rovision of the enabling 
act of that State, setting apart the live per cent., and which is similar 
to the one for Illinois, except that three parts of it were taken by Illi- 
nois for educational purposes while Missouri took her three parts for the 
purpose of improving her internal communications, says : 

"That part of the' fund which it is contemplated by this article shall 
be applied by the State to improving its internal communications has 
been duly paid over by the government of the United States. But the 
two per cent, received by the United States in trust, to be ai)plied to 
communications leading to the State have not been so applied. The 
trust has not, therefore, been duly discharged, and the money which 
the article recognizes as the property of the State, and to be applied for 
its benefit, shoidd be accounted for to the State by the government of 
the United States. The two per cent, fund in (]uestion belonged to the 
State, and the interest of the Federal government was but that of a 
trustee, and the sole reason for the arrangement was, that as the govern- 
ment of the United States had authority outside of the limits of the 



17 

State, which the State did not possess, it could a])ply that portion of the 
fund intended to facilitate coirimunication to and from the State and 
promote its external commerce better than the State itself i:ovild do. If 
the terms of the article itself admitted of any question that this was 
the nature of the interest of the State in this fund, the original of this 
provision, which is found in tlie corresponding article of the 7th section 
of the act of iiiOth of April, 1802, 2d Statutes, page 175, entitled "An 
act to enable the people of the eastern division of the territory north 
west of the river Ohio, to form a constitution and State government," 
etc., in which it is expressly admitted that the live per cent, was given 
to the State as the consideration for the exemption of the lands of the 
United States within its limits from taxation, would be conclusive on 
the point. This was certainly a small consideration for the release by 
the State of a right to tax forty million acres of government lands 
within its limits, and there is, therefore, the more reason why it should 
be certainly and fully paid according to the agreement between the 
parties, or accounted for to the State, if the purpose to which it was to 
be devoted under the agreement between the parties has been aban- 
doned. That purpose was the construction of a road (the Cumberland 
road was intended) to the boundary of Missouri, a purpose which has 
long since been abandoned, and the government should therefore deal 
with Missouri as it has dealt with Mississippi and Alabama under simi- 
lar circumstances — direct the two per cent, fund, which was reserved, 
for the purpose thus abandoned, to be paid to the State." 

The same reasoning which was a})plied to Missouri applies with equal 
force to Illinois. She obtained no road to her border such as was con- 
templated in the sixth section of the act providing for her admission 
into the Union ! That road was to be a FREE public highway or 
otherwise it was a mockery for the general government to reser^'e two 
per cent, of her money to build it. Congress continued to hold and 
control the Cumberland or National road as government property until, 
by its special grants, the respective parts of it lying within the limits of 
Maryland, Pennsylvania, Virginia, Ohio and Indiana were given to 
those states; since which they have possessed, enjoyed and controlled 
them as their own private property. A private turnpike in Indiana, 
upon whiclh citizens of Illinois are cowpelled to p)ay toll^ is certainly not 
such a road as the State was entitled to — not a free road leading to her 
border. But as I have heretofore discussed this point, and my arguments 
not only remain unanswered, but no attempt having been made to 
answer them, I deem it unnecessary to elucidate it further. 

Nor, Mr. President, will I discuss the whole question of the National 
road further. I have never discussed it except as a matter of contem- 
poraneous history, bearing upon the equitable character of the claim of 
Illinois. Tlie three per cent, fund granted to the State, in her enabling 
act, for educatioiuil purposes, which has also been discussed by the 
Honorable Secretary, was in no way involved in the claim I made in 
behalf of my State for the two per cent., nor have I said anything 
about or had anything to do with it. 

The following conclusions from the premises wliich I have laid down 
are inevitable : 

First. That your Excellency is authorized to review the decision of 
your subordinate. 



7« 

Second. That the character of the refusal of the Commissioner of 
the General Land Office is such as to make it positivelj oblio^atory on 
your Excellency to see that tlie law, requiring an account to be stated, 
of the five per cent, on the public lands and Indian reservations, and 
the balance due thereon paid, that is the two per cent., is executed. 

Third. That the Honorable Secretary has not properly stated his 
case. 

I freely admit the superior ability of the Honorable Secretary, but it 
is not in his power or that of any other man to overthrow truth, which 
" is miojhty even to the pulling down of strongholds." 

It is claimed by some that the opinion of the Honorable Secretary is 
the ablest ever rendered in the Interior Department. However, this 
may be, the real and only question before him, he dismissed in ten lines, 
by simply arriving at the conclusion that Indian reservations were to 
be treated as lands sold and the per cent, on them included in the 
accounts of Alabama and Mississippi stated under the law of 1841, and 
therefore Illinois had no rights under the act of 1857 ! How strange 
that this intellectual result should be regarded as conclusive against the 
claim of my State ! All the balance of the opinion is j^i'operly extra- 
neous matter. 

1 have not, I am aware, carried out my premises and arguments to 
all their logical deductions, for it was wholly unnecessary to do it. All 
I have aimed at was to place the validity of the claim of my State 
beyond doubt, and I hope I have accomplished that much. Almost an 
inexhaustible fountain of reasons, justifying and requiring its payment, 
I have not explored. Illinois cannot be expected to sit down quietly 
under an act of injustice. Trouble between the general government 
and the State, growing out of a refusal of the former to liquidate the 
amount, which may and I think will spring up between them unless it' 
is settled, ought, by all means, to be avoided. The State has given 
sufficient evidence of her earnest in the prosecution of her demand, and 
will exhaust every proper means before she yields her rights. But why 
put her to additional trouble and expense to get them ? I am sure your 
Excellency will not do so. The claim might as well be settled now as 
'at a future day. 

Mr. President, I am now through. This is the last application I can 
make to the Executive Department to execute the laws, for I have 
reached the original source of power. It is hard, indeed, that a sove- 
reign and loyal state should be forced to fight her way over every inch 
of ground, encounter every species of hostility and opposition, and meet 
every kind of embarrassment which talent, state jealousy and ingenuity 
can invent, when she is only asking for that which is justly her due, 
upon ever}' consideration, legal and equitable, and which should be 
granted freely, willingly, without stint, grudging or quibble. 

The result, Mr, President, is with you. I repeat what I have said 
before, " it is to you the State looks for the fulhllment of her too long 
delayed rights." It was to you the Legislature addressed their memo- 
rials. The law and the argument arc certainly on the State's side. The 
power to disregard thera, I admit, rests with your ministerial officer, 
unless you overrule him. Will you suffer the State to be repulsed ? 
Will you turn her away to seek redress from other sources, and forever 



79 

shut the doors of Executive justice against her? Will you have no 
share in the reward of her gratitude? If you do not uphold and vindi- 
cate her rights, to whom can she look ? Whatever may bo your deter- 
mination, I shall bow, as the agent of the State, respectfully to it. I 
know it is not in your lieart to do Illinois an intentional wrong, and I 
believe you can and will, with firmness, do her justice — that you will 
take the responsibility of dealing fairly with her. Her people expect it, 
and will be greatly disappointed if you do not sustain your view of the 
law, which you admit to be with them, and which the Honorable Inte- 
rior Secretary has admitted to be with them, and said his assistant 
thought the case a very strong one for the State. All their hopes are 
centered in you, and now is the propitious moment to give them their 
rights — if not now they may well ask when? The o])portunity lost can- 
not be regained. Now is the time, or never. The claim of the State is 
founded in law and right. ISIo stronger or more just one was ever pre- 
sented against the National Treasury. Let it be allowed. Let the Ex- 
ecutive will speak out and prevail over the will of the subordinate. I'iat^ 
jusiitia mat coelum. 

Finally, in conclusion, Mr. President, I would do injustice to my own 
feelings if I failed to add that I thank you for the courtesy you have 
uniformly shown me throughout my protracted and troublesome labors 
in prosecuting the claim of my State — I thank you for your respectful 
attention to n)y remarks to day — for the frankness and candor with 
which you have uniformly treated the interest of Illinois confided to my 
care, and especially for your decided order to the Interior Department 
to take up the case and act upon it. It seemed hermetically sealed up 
there until you opened its prison doors and let it out, thus enabling the 
State to gain one step in advance, however wrong the decision that was 
made. It certainly affords good cause for congratulation that the block- 
ade has been removed. 

OPINION OF HON. EEVEKDY JOHNSON. 

The preliminary question on the appeal to the President, in the mat- 
ter of the claim of the State of Illinois, on which he desires an argument, 
is whether such an appeal can be legally had ? The following observa- 
tions are, therefore, respectfully submitted on the point : 

I. On principle. 

By the constitution, the entire Executive power of the government is 
vested in the President, except in such cases as are otherwise specially 
provided for. The language of the second article is, " The Executive 
power shall be vested in a President," etc. 

The ievm "the," as here used, clearly means that all such power, with 
the exceptions referred to, is in the President, and the term " shall " 
means that it is not to be vested in any other branch of the government. 
It necessarily excludes all other branches. 

II. By the third section of the same article, the President is to 
"commission all the officers of the United States," and "take care that 
the laws be faithfully executed." The execution of the laws i? thus ex-, 
pressly made an executive duty. The President, and no one else, is, in 
terms, made directly and ultimately responsible for that result — an un- 



80 

faitliful execution of, (ika total failure to execute, the laws by any execu- 
tive officer holding hisAappointinent under the President, is a wrong to 
be especially redressed by the President. In no other way, in such a 
case, can he see that the law violated is faithfully executed. If his sub- 
ordinate is authorized to act, except in subjection to his authority, it will 
ever be in the power of the subordinate to render nugatory the constitu- 
tional obligation of the President to " take care that the laws be faith- 
fully executed." 

In the beginning of the Government it was a question whether the 
President's power of appointment, with the advice and consent of the 
Senate, of executive officers, carried with it, as an incident, the power of 
removal, without the like advice and consent? But because, among 
other reasons, the constitution made it imperative on the President to 
have the laws executed, and of course made him responsible if it was 
not done, and because he could only have them executed through the 
designated executive officers, it was held as early as 1789, by Congress, 
^iJiat he neeessaril}' possessed the power of removal, (Kent's Com., 308- 
1509,) and this construction has been maintained by every President, and, 
in more than one instance, recognized by the Supreme Court. 

Having, then, the power to remove an executive officer, if such officer 
refuses, or from any cause neglects, to execute the laws, the President 
is to remove him and appoint another, since in no other way he can dis- 
charge his express diity " to take care that the laws be faithfully exe- 
cuted." It is impossible for him, personally, to execute the laws. Their 
execution, therefore, by him, or rather his obligation to see that they are 
executed, is to be through subordinate officers, created for the purpose 
by Congress, and who, 'when created, are sul>ject to his superintendence 
and control, as the constitutional depository of the whole executive 
power of the Government. If, therefore, a subordinate executive officer 
fails to carry out a law, the President cannot shelter himself behind such 
officer from the responsibility imposed upon him, in terms, by the con- 
stitution, of seeing that the laws are faithfully executed. If a President 
were to take that ground, it would seem o1>vious that he could not main- 
tain it. His subordinates are subject to his power of removal, and are, 
consequently, subject to his control. Their acts, in contemplation of 
law, are his acts — their misconduct, if unredressed by him, becomes his 
misconduct. This principle is alike true of the acts and misconduct of 
the subordinate officers of the several departments, as of the heads of 
the departments. Consequently, if a subordiiuite officer does not per- 
form his duty under the law, it is as much the obligation as the pro- 
vince of the President, to direct him to perform it, and to remove him 
if he continues to refuse, as it is his duty in such a case, to direct or 
remove a head of a department. On principle, therefore, irrespective 
of other authority, it is submitted as clear, that in all cases when an 
executive officer will not or does not carry out a law, and the fact is 
made known to the President, it is not only his right but his duty to 
see that he does it. 

III. But on authority, the point is thought to be equally free of 
doubt. At one period it was tlie opinion in the Attorney General's 
office that the accounting officers of the treasury, in the discharge of 
their duties, were not under the control of the Secretary. That view 



81 

was taken by Mr. Wirt, on the 20tli October, 1823, (1 Opinions Attor- 
ney General, p. 6-24). The opposite view, by Mr, Berrien, on Ihe 4th 
December, 1829, (2ii(l Vol., p. 302). Mr. Wirt's doctrine was held by 
Mr. Taney on the 5t!i April, 1832, (lb. 508,) and Mr. Berrien's by Mr. 
Crittenden, on tiie 13th November, 1852, (5th Vol., G30,) and this last 
has ever since been considered by the office as the true doctrine. Mr 
Cuphing maintained it, with his usual research and ability, on the 31st 
August, 1855, (Tth Vol., pp. 453-464,) and by a report to the President 
on the 8th March, 1854, (Senate Ex. Doc, 1st Session, 33d Congress, 
No. 55). ■ That document is herewith submitted, and the President's 
attention is particuhirly called to the following extract from pages 12 
and 13. After referring to the several opinions of his predecessors, 
relating to the question, he says : " On a question raised l)y the refusal 
of the Commissioner of Customs to take the direction of the Secretary 
of the Treasury, Mr. Crittenden elaborately reviewed the whole subject, 
and determined, by nnanswerable argument, the right of the Secretary 
of the Treasury, in the given case, and, by analogy, that of other heads 
of departments, in correspondent cases, (Opinion, Nov, 13, 1852.") 

"Meanwhile, if an opinion delivered many years ago, by Mr. Wirt, 
is now to be received as law, then, although an Auditor, as even he ad- 
mits, is subject to the direction of the Secretar}^ of War, or the Secretary 
of the Interior, or some other Secretary, as the case may be, yet such 
Auditor is wholly above the authority of the President, who, neverthe- 
less, directs the Secretary. Had the idea presented itself as a mere 
question of the order of l)usiness, to the effect that the President should 
act upon the subordinate otHcers through the heads of departments, it 
might have answered as a matter of convenience, but not one of legal 
necessity. But the idea utterly excludes the authority of the President, 
and 80, while recognizing the authority of the head of department, in 
effect makes the latter also superior to the President, which is in con- 
flict with universally admitted principles. Such an assumed anomaly 
of relation, therefore, as this idea supposes, i-esting upon mere opinion, 
or exposition, must, of course, yield to better reflection, whenever it 
comes to be a practical question, demanding the reconsideration of an 
Attorney General." 

" Upon the whole, then, heads of departmewts have a three-fold rela- 
tion, namely : 

" Ist. To the President, whose political or confidential ministers they 
are, to execute his will, or rather to act in his name and by his consti- 
tutional authority, in cases in which the President possesses a constitu- 
tional or legal discretion," 

" 2nd. To the law ; for the law has directed them to perform certain 
acts, and when the rights of individuals are dependent on those acts, 
then, in such cases, a head of department is an officer of the law, and 
answerable to the laws for his conduct, (Marbury vs. Madison, 1 Cranch, 
49-01,) and," 

" 3d. To Congress, in the conditions contemplated by the Constitu- 
tion—" 

IV. Finally, on the right of appeal. 

Mr. Taney, in an opinion given to the Secretary of War, on the 10th 
of September, 1831, (2d Vol., p. 463,) expressly holds that in the case 
—9 



of an erroneous decision by an accounting officer, althongli it is binding 
npon his own subordinate, the party wronged may carry the matter by 
appeal to the Secretary, and, if his decision is not satisfactory, that he 
may also carry it by appeal to the President. His language is, the 
party may " appeal to the Secretary," and if his decision is not satisfac- 
toi-y, " he may carry his aiypeal from the Secretary, cfcc, hefore the Presi- 
dent.^'' This opinion remains, it is believed, the established doctrine of 
the office, and \\\\\ be seen to be maintained by Mr. Cushing, on con- 
clusive gnmnds, in his report just referred to. 

Upon the whole, then, upon the meaning of the constitution, consid- 
ering the question as now for the first time presented, it is submitted as 
clear. 

First, That the President not only may, but is bound to, interfere in 
every case when a subaltern executive officer does not fullill his duty 
under a law; and. 

Second, That upon the now recognized rule of the Attorney Gene- 
ral's office, the President, in such ii case, may be called upon to give the 
necessary redress by a7i appeal from the decision of a head of a depart- 
ment, where such decision confirms an erroneous one, or fails fully to 
correct it of one of his own subordinates. 

EEYERDY JOimSON, 

For the President. 

Washington, Sept. 22, 1863. 

INDIAN KP:SEKVATI0NS in ILLINOIS, AND THE PER CENT. THEREON. 

Washington City, D. C, Aug. 22, 1863. 
Hon. James M. Edmunds, Commissions of the General Land Office : 
Sir — Will you please answer the following questions: 
First, Are there any Indian reservations in the State of Illinois upon 
which five per cent, has not been paid by the General Government, and 
if so, how many acres do they embrace in the aggregate 1 

Second, Will you state an account of said five per cent, on said reser- 
vations, upon application being made therefor in behalf of Illinois, under 
and by virtue ot "An act to settle certain accounts between the United 
States and the state of Mississippi, and other states, approved March 3d, 
1857." Very respectfully. 

I. JN\ MdliRIS, 

Agent for Illinois. 

General Land Office, Sept. 7, 1863. 

Sir — In answer to the inquiries in your letter of the 22d ult, this 
morning received, I have the honor to state: 

First, That there are " Indian reservations in the State of Illinois, 
upon which five per cent, has not been paid," embracing in the aggre- 
gate, by estimate, seventy-seven sections. 

Second, That we are prepared to state an account for the quantity 
covered by such reservations when application therefor is made. 

The quanlity first above mentioned is the result of a hurried cursory 
examination, so as to meet your call at once, and will be, of course, lia- 



88 

ble to sucli modification as a more thorough scrutiny of the records may 

Very respectfully, your obedient servant, 

J. M. EDMUNDS, Commissioner. 
Hon. I. N. MoKRis, Agent for Jlliiiois, Present. 

Washington, D. C, Sept. 8, 1863. 
Hon J. M. Edmunds, Com'r Gen. Land Office. 

Sir— In your letter to me, of yesterday's date, you express your entire 
readiness to state an account of the live per cent on .nduin reserva- 
tions in Illinois, upon application being made to hat ettec;t As ne 
Ao-ent of that State, 1 now respectfully make that application, not 
waiving, of course, my previous application for the two per cent, on the 
public lands. ^^^^^^^P^^Ti'. MORRIS. 

General Land Office, Seyt. 14, 1863. 
SiR-Herewith I inclose a copy of my letter of the 12th instant, to 
the Secretary of the Interior, inclosing schedule lor revision, as a basis 
of the adjustment of the clain, of the State of Illinois to per centage on 
Indian reserves within the limits of the State. 

As the decision in chief was made by the appellate authority, i liave 
deemed it proper that the same authority should enunciate the principle 
which shall control in the adjustment, and hence have found it necessary 
to ask the ruling of the department proper in the matter. 

With great respect, your obedient servant, 

J. M. EDMUNDS, Commissioner. 

Hon. I. N. Morris, Present. 

Washington City, Sept. 15th, 1863. 
Hon. J. P. Usher, Secretary of the Interior : 

Sir— I have this moment received from the Commissioner of the 
General Land Office a communication, in which he informs me that, on 
the 12th inst., he referred to you for decision a point involved m my 
application, in behalf of the State of Illinois, for the payment of five per 
cent, on the Indian reservations within her limits. Without expressing 
an opinion on the propriety or impropriety, the legality or illegality ot 
that reference. I have to ask how soon you will act on the matter [ 1 
cannot but hope it will be at once. Please inform me on the subject. 
It will take but a moment to dispose of the question, and as 1 am anxious 
to leave for home, I would be greatly gratified and duly thankful tor 
prompt action. 

Please let me hear from you to-day, in reply. 

Yours, very respectfully, 

L N.MORRIS. 

Department of the Interior, 

Washington, D. C, Sept. 15ih, 1863. 
Sir— In reply to your letter of this date, I have the honor to inform 
you that I had, before its receipt, referred to the Commissioner of Indi- 



8^ 



an affiiirs, the communication from the Commissioner of the General 
-Land Uthce, to Avhich jou alhule, with the papers accompanying the 



same 



Tluit ofticer requested in liis communication tliat the schedule of Indi- 
an reservations in the State of IlHnois, therewidi transmitted, should 
be critically tested by the records of the Indian office, so that, if any 
ot tiie reserves have been retroceded to the United States, the same may 
be exc uded; or it any omission exists, it may be supplied, in order that 
thisschalule niay thus 1)0 perfected from, and veritied by the records 
ot the otbce ot Indian atiairs, and thereafter returned to this office as the 
basis 01 an account/' 

. A^,^,''*^".^^ «- ^■^^P'^i't shall have been received from the Indian office 
It will be tonvarded to the land office, to enable the commissioner tJ 
proceed to the adjustment of the account in question ; and should the 
department deem it advisable to comply with his request tor instructions 
in regard to the principle applicable to such adjustment, they will then 
be communicated to him. 

I am, sir, very respectfully, ^our obedient servant, 

WILLIAM T. OTTO, 

TT T A' Tir -rr^ , . Assistaut JSecvetai^ . 

Hon. Isaac :N. Morkis, Washington, I). C. 

Several other communications passed between myself and the Interior 
Secretary, Commissioner of the Indian Bureau, General Land Office 
cVe., in reference to the time of r.ctinir on the claim of the State for the 
per cent, on Indian reservations, and the termination of that action 
winch 1 shall not embrace in this report, as they are not material. Un- 
der the opinion ot the Acting Secretary, which follows, and was reviewed 
by me, I received for the State, $l,5ti5 80-100, which amount I reported 
to your Excellency and to the State Treasurer: 

Department of the Interior, 

Washington, iSept. i25, 1863. 
^ Sir— This Department has received your letter of the li^th instant 
inclosing two papers : ' ' 

First—The application of the Sth instant, of the Hon. 1. K Morri<; 
tor an ad.iustment of the claim of the State of Illinois, under the act of 
Congress, approved 3d of .March, 1857. (Stat., vol. 11 pa^^e '-00 ) for 
per centage on the Indian reservations lying in that State '"^ 

Second- A schedule of the Indian reserves, collected from the town- 
ship plats ot Illinois surveys, and from the Indian reservati(ui records 
ot your office. 

You request -Hhat said schedule may be critically tested by the records 
ot he Indian office, so that if any of the reserves have been retroceded 
to the United States, the same may be excluded, or if any omission ex- 
ists it may be sup^->Iied, in order that this schedule may thus be i^erfect- 
ed trom, and yerihed by the records of the office of Iiidian atiairs, and 
thereatter returned to your office as the basis of an account " 

lou suggest that a question arises whether the stipulation as to t!io 
two per cent., in the third proposition of the enaWing act of April 18th 



85 

1818, extends also to the Indian reserves, and upon that point, yon re- 
quest instructions to ^^overn your ottice in the adjustment of the present 

chiiin, ^ , . ,. . , 

I am directed by the Secretary of the Interior to intiu-m you that on 
the receii)t of your letter and tlie accompanyitii,^ papers, they were re- 
ferred to the Commissioner of Indian Aftairs for an exannnation »nd 
early report. They were returned on this day, and 1 now transmit to 
you the papers and a copy of the letter of thatotlicer to this department, 
under date of the 24th inst. , ^.k • , i .. * 

The act of 1857, and one approved March 2d, 18o5, entitled, "An act 
to settle certain accounts between the United States and the State ot 
Alabama," were recently under consideration, and the opinion ot the 
department touchin.s? their bearing and effect upon the then pending 
claim of Illinois, was communicated to you on the 31st ultimo.^ 

The department, upon a renewed examination of the subject, ren- 
dered necessary by your letter, adheres to that opinion as furnishing a 
sound exposition of the acts of Congress relating to the questions which 
both claims involve. 

It was then held : i <• i i i 

]pii.st— That two-fifths of five per cent, of the net proceeds of the lands 
lyino- within the State of Illinois, and sold since January 1st, 1819, hnd 
been disbursed by Congress in strict accordance with the compact be- 
tween the general government and that State. 

Second— That Congress had never relinquished its control over said 
two-iifths, or authorized the payment of the same, or any part thereof, 

to the State of Illinois. , -, o . i i i r 

Third— That Congress, by act approvea September 4, 1841, liad relin- 
quished to the States of Alabama and Mississippi, the two-iifths of the 
live per cent, of the net proceeds of the lands lying within their respec- 
tive limits which had been or should be hereafter sold. The eiiect of 
this legislation, and the provisions of the enabling acts of those States, in 
regard to the remaining three-Iifths, was to secure to them live per cent, of 
the net amount of the^sales of such lands. 

Fourth— The act of 1855 and 1857 did not give to Alabama and Mis- 
sissippi an additional per centum upon the proceeds of such sales; but 
requires the commissioner in the account between the United States and 
those States to include the reservations under treaties with certain Indi- 
an tribes, and estimating the same at the minimum value, to pay to the 
said States live ])er cenium thereon, as in case of ullier sales. 

Fifth —By the second section of the act of 1857, tlie commissioner was 
required to state an account between the United States and each of the 
States upon the same principle, that is to say. upon the principle that 
for the purpose of an account, lands embraced by permanent Indian 
reservations should be estimated as so much lands sold at one dollar 
and twenty-five cents per acre, and to allow and pay to each State such 
amount as" should thus be found due. 

At the time of the passage of the act of 1841, the general government 
had adopted no measures to execute the trust she had assumed in regard 
to the two per cent, fund of Alabama and ^Mississipiii. It remained in 
the treasury, and by that act was reliiupiished to them upon ct)nditiou 
that the legislature of each State should first pass an act declaring theix 



^6 

acceptance of said relinqnishment in full of said fund, and embracing a 

provision to be unalterable without the consent of Congress ; that the 
whole of said faud should be faithfully applied to the construction of 
certain specified work of internal improvement. Mississippi, by an act 
approved Feb. 6, 1842, (acts of Mississippi for 1842, page 119,) and Ala- 
bama, by an act approved Dec. 29, 181-1, (acts of Alabama for 1841, 
page 39,) accepted the relinquishment on the terms and conditions re- 
quired by Congress. The effect of this legislation was to relieve Con- 
gress from the trust, and to impose upon those States, respectively, the 
application of the fund. 

There is obviously no substantial difference in principle between the 
direct payment to a State of the funds, and the expenditure of it for the 
purpose stipulated in the compact between the general government and 
such State. In either case, the lawful appropriation of the fund is a full 
discharge of the obb'gation of the general government, and a satisfaction 
of the claim of the State for the payment of the money, or the due exe- 
cution of the trust. 

The State of Illinois never released the general government from its 
obliiiation to appropriate the fund pursuant to the compact which was 
binding upon them both. 

That obligation was fully discharged, and the former opinion cites the 
acts of Congress specitically providing for the expenditure of $606,000 
within her limits in the construction of the National Road, and making 
it a charge upon her two per cent. fund. The actual amount so expend- 
ed, appciirs, by an official statement from the books of the treasury, to 
be ($739,879 99) seven hundred and thirty-nine thousand, eight hun- 
dred and seventy-nine dollars and ninety-nine cents. 

Regarding then the Indian reservations as so much land sold, it is 
very evident that the accruing two per cent, therefrom, added to that 
arising from actual sales, is not sufficient to reimburse the general gov- 
ernment. 

It is true that the compact has exclusive reference to moneys derived 
from sales. Keservations are put upon the same footing as sales by the 
acts relied upon in the support of the claim, and the department is not 
aware of any legislation requiring or directing any payment to Illinois 
on account of that fund. 

That State is, in the opinion of the Secretary of the Interior, entitled 
to three per cent, upon the payment of Indian reservations within her 
limits. 

The Secretary deems it proper to say, that the remarks in this and the 
preceding opinion, in regard to the settlement of accounts upon the terms 
prescribed by the act of 1857, are not meant to apply to States thereaf- 
ter admitted into the Union. It is unnecessary to express any opinion 
as to the right of such States to the benefits of that act, as the question 
is not before him. 

You will be pleased to furnish Mr. Morris, and His Excellency, the 
Governor of Illinois, with a copy of this opinion. 

I am, sir, very respecfully, your obedient servant, 
(Signed,) W. T. OTTO, 

Assistant Secretary. 
Hon. J. M. Edmunds, 

Commissioner of General Public Land Office : 



87 



«TTT>PTTrMl.NTAL AKGTJMENT OF MR. M0KKI3, EEYIEWING THE OPTION OF THE 

A™ seckeTky of the intekiok on the question of the ktght of 
Illinois to five pek cent, on hee Indian ke.ervations 
Mr Pkesident :-I mentioned to you, when I presented a:« argnment 
w' 1 S.v In^t in support of the claim of Illinois to two per cent. 
onlepTb c^'an B^o^^^^ that I was unable at that mo- 

men to compete my remarks relating to live per cent, on Indian reser- 
vat on forTo reason that the question involving that lund had gone 
hZ-eile Secretary of the Interior, and was a.vaitmg his action. 

It was not until Saturday evening, the 26th of September mst., that 
a copy of his opinion was fm-nished me. I propose now to bnefly revnew 
It sepanUely, thinking that preferable to interweaving what I have to 

"^i;e^:;^^c;ui^^-^^^ honorable Secretary was, wheth- 

.V tit S ate wis entitled to three or live per cent, on lier Indian reser- 
vations It would seem that that question could have been disposed o 
Tnverv>ew words, but the honorable Secretary appears to have availed 
I ff nflt To re aiffue the whole question of Illinois' rights, which I 
t^finsted upoTa^d to fortify hi? former views with such additiona 
obserSns as suggested themselves to his mind. Especially has he 
^ven a summary ot'what he alleges those views, and his conclusions 

^^My application for the pavment of the five per cent, to Illinois on her 
Ind^L TesSons did not io to the Interior Department on my mo ion 
or upon an ap^^^^^^ After it reached there, it was determined in that 
demrtment thlt the State was only entitled to three per cent, on those 
SvSs, the balance being retained to cover alleged expenditures 

^V'wilfnlTlw^Mer into an argument showing that the Interior 
Depar ment had no jurisdiction of the question, further than o ay that 
Se larof 1857 is dzrectory to the Land Commissioner specifically, and 
not to the Interior Secreta?v, who has arrested the determination ot the 
?ormer officeTwho agreed to state five per cent, as the amount Illinois 
is entl led fo on \.ev Indian reservations. Thus they come m direct con- 
flict wth each other; for it will be seen by the correspondence between 
n vseTf and the honorable Land Commissioner embraced in my ormer 
Xmenrtla? he did not raise the point that the State is to be clmrged 
wifhTyhng on account of expenditures on the National Koad, nor 
has he Jver raised it, but the honorable Secretary has. In this conflict 
ofopinion involving'the whole subject which I have presented I think 
vourExcellency is bound to interfere, and necessarily settle the whole 
^Sestion The^ame principle applies to both, and the settlement of one 
case must be the settlement of the other. 

One point has been distinctly gained by the honorable SecreaTS 
last opinion. He has committed himself to the decision, that Iliino s i. 
entited o three per cent on her Indian reservations, vdien according 
to 1 s as umptions, there is no "land account" to "include 'it in as the 
aw re^XesI He still persists in the idea that the act ot 18o^7 only ap^ 
plies to Indian reservations, and does not embrace anything else. _ As i 
have pretty fully discussed that point heretofore, it is not reqmsite I 
Bhould enter largely upon it again. 



88 



Demlment l^ thZl"''^ 1-'n? "'^"?' of opposition from the Interior 
IJepaihnen to the chiitn ot ilhnois, I would be astonished at the late 
opuHon ot the honorable Secretary. It was evidently t'tte" 'l^w th 
express reterence to throvving additional embarrassnierft ill the way md 
nfluencing yonr action, Mr. President. Yon cannot fail, hm^ver to 

vllt^r'' -n' \' ''■ ''''? ^P^^'°"^ ^^^^'^ ««""<^' '^"d thxt the honor- 
able Secretary still obstinately and resolntely persists in refusino- to dl- 
cuss the ^a.. except the Indian reservation tlature of it. I i bniit i^ is 

press and keep out of mew m his opinion, as he has done that the live 
"^rstfai^lTT t ^'"^""^^' Misdssippi^ and other S^tls^^ tZ 
Jirst stated under the provisions tn their enabling acts, and then the five 

percent, on Indian reservations includc-l. 

^ The Alabama act of 1855, npon which the act of 1857 for the benefit 

State to be stated under the sixth section of her enabling act "for the 
purpose ot ascertaining what sum or sums of money a?e due to said 
^l^t% heretofore unsettled, under the sixth section of\irac of M- ?ch 
second 1819 for the admission of Alabama into the Union " Tl^ L^ 
pie statement ot the account was not to be treated as a useless piece of 

due that State When, however, it was stated, and the five per cent 

the'^^^i T;. "^r ^-tTrl'^^"' ""^ "^^^ ^^^^^^' '' '^^' to be in luded in 
the first account and the two accounts became one; then th- law re- 
quired the payment of the whole amount remaining unpa ^tl e eon 
Because Alabama was to receive the five, per cent, orrher Indian reser- 
vations 'as in case ot other sales," which ^ords the honorable Secretary 
uses and underscores, it does not follow that she was not to receive "th^ 
sum or sums ot nioney heretofore unsettled," arising from the scdes of 
the ^^.J^.Z«.^. within her limits_ under the provision of her enab ing 
act Ihe itle ot the Alabama act is, "An act to settle certain accoimts^^ 
(nut to sede an account "between the United States and the Slate of 
WpT- r '^ ' ?l '^'%^^'''''^hM act following this language, !and 
hence, It IS clear that the Congressional legislation was designed ti cov- 
ei as 1 does, the five per cent on the public lands, and on the Indian 
■eservjuions. The same may be said of the first section of the act of 
18. 7, which was to sett e the accounts of Mississippi on "the same prin- 
ciples ot allowance and settlement," that is, the "principle." of stit nc 
both accounts, and then including the latter in the first, and allowing 
and paying to the said State five per cent, thereon. The act of 1857 
was not to state the account of Mississippi on the same "principle" upon 
which the accounts ot Alabama were required to be settled, referrin - 
only to one class o lands, but to state her account, on the "same princi^ 
pie. -using the plura term-thus showing that the word "princii,le." 
moans, as used m the law, the principle of stating the five per cent on 
public lands, and also the principle of including it in the five per cent 
on Indian reservations.^ But the honorable Secretary erroneously con- 
strues the word "principle." to mean the "principle" of includiiio- the 
Ino.an i-eservation five per cent, account in the land account of^Ala- 
bama. How^can he make t le word "principle." apply with any sense 
m taat connection ? He dashes off at conclusions with remark- 



or reason 



able facility, without regard to his premises, or without reference to the 
terms or ^ ords of the law. ^ 

If Alabama ai.d Mississippi were to receive five per cent, on their 
Indian reservations, "as in case of other sales," of course it was pro- 
vided that they were to receive it on "other sales," and on Indian reser- 
vations the "same ;" and if, by the second section of the act of 1857, 
other States, as it is provided therein, were to receive it on Indian reser- 
vations, they were equally entitled to receive it on their "other sales" 
the "same." If they were to be settled with on the "same prmciples," 
they were to receive the five per cent, on both classes of land "the 
same." But Congress put the conclusion beyond all doubt that the five 
per cent, was to be paid on both public lands and Indian reservation to 
other States, by the emphatic additional words, ''shall allow and pay to 
each State site'h amount as shall thus he found due,'' and adding, ''esti- 
mating ALL LAIRDS and permanent reservations at $1 25 j!?«r acre.'''' 

In the first section of the act it is provided that the Indian reserva- 
tions are to be estimated at $1 25 per acre, and in the second section 
Congress fixes the same value on "all lands," as well as permanent 
reservations as the basis for the computation on both classes.^ 

What other result can be deduced than that they meant it should be 
allowed and paid on both f 

Again, Mississippi was to have her accounts stated on her public 
lands, and if any sum or sums of money were found due^ thereon and 
unsettled, that is unpaid, they were to be allowed and paid. 

This is all Illinois asks. She wants her accounts stated, allowed and 
paid, as were those of Alabama and Mississippi. They received five 
per cent, on their public lands and Indian reservations, and she asks the 
United States to settle with her on the "same principles." What prin- 
ciples ? The "principles," as the Hon. Secretary has the idea, but rather 
an ungrammatical way of expressing it, of merging the five per cent. 
accounts on Indian reservations in some other existing law requiring 
the payment of the five per cent, on public lands. Oh, no ! What 
principles then % The law says the "principles" of "slating, allowing and 
payine the accounts." The "other States" were also to have their ac- 
counts' stated and have a right to their statement under the law if they 
have not been stated. The statement of a governmental account implies 
its payment, but the law removes all doubt on this point in the present 
case, by declaring "it shall be allowed and paid." The law also requires 
the whole accounts of each of the States embraced in it to be stated on 
their public lands, and while Alabama and Mississippi were to receive 
the amounts unsettled, the other States are entitled, by the second sec- 
tion of the act, to have theirs "allowed and paid." 

But again, if, as the Hon. Secretary insists, Alabama and Mississippi 
had their two per cent, provided for by the act of 1841, their five per 
cent, on Indian reservations was not embraced in that act. He concedes 
they received that under the acts of 1855 and 1857. If the "other 
States" are to be settled with on the "same principles," how can he allow 
and pay to Alabama and Mississippi the jive per cent, on their Indian 
reservations, and withhold the same alloioance and payment to Illinois f 
How can he pay to Mississippi five per cent, on her Indian reservations, 
and onlv allow and pay to Illinois three per cent, under the same act, on 
*— 10 



90 

her Indian reservations, as be lias decided shall be done — tliiis discrim- 
iaatiug as;ainst my own State, wben tbe law places her on a full and 
equal tooting with Alabama and Mississippi 'i it is very obvious he 
cannot legally do it. It is very obvious he has sought to avoid the law 
to tho injuiy of Illinois, and not to expound anil enforce it, and in 
doiue; 60, iiis anxiety to escape from the obligations it imposes on him, 
has l3d him eo far, that he has by his last decision, overthrown by his 
act all his arguments, and stands condemned before the bar of In's own 
reasons. This is ever the result with those who deviate from the plain 
line of duty and follow a shadow and not a substance. Let me again 
repeat the proposition upon which my lirst argument was based and 
which comprehends all the questions involved in the issue which I make 
vith the Secretary of the Interior, It is this. The act of 1857, in its 
terms and designs, not only required that the Indian reservations should 
be given a f.^tatus similar in character to other public lands, hut also that 
an account should be stated, alloiccd 2cw^paid, embracing all the j)uhlio 
la?ids within the limits of the A^tate, and this was a rcqiurcniQut, positive 
&vA peremptory and additional to the new definition given by the statute 
of the character of the Indian reservations, and to the direction given 
of the mode of stating them. 

The "'principW upon which the accourit*" were to be stated were not 
only tlio inclusion of the Indian reservations, but also the stating^ allow- 
ing o.nd paying accmints created by pre-txisting 2/?'(/visions in the enoMing 
acts of the several States • yet the Hon. Secretary still persists in njain- 
taining his right to travel wnthin the circle of Indian reservations, and 
refv?8ca to overstep their boundary. 

Hear him. He says : 

"By tbo Bccond section of the act of 1857, the Commissioner was re- 
qnired to state an account" (mark, he does not say ^ip)07i 2vhat,) "between 
via Uniled States and each of the other States upon the same principle, 
that ie to say, upon the principle that for the purpose of an account, 
lands embiaced by permanent Indian reservations should bo estimated 
as BO much lands sold, at one dollar and twenty-five cents per acre, and 
to allow and pay to such State such amount as should thus be found 
due," 

Not a v/ord is to be found in the language of Hon. Secretary, that the 
CBtimation was to be made on "^Z? l^7ids and permanent reservations" — 
not a word that the accounts of the other States were to be stated under 
the provisions of their enabling acts, or the acts admitting them into the 
Union, All this is carefully, and evidently designedly, kept out of 
view. But more. The Hon. Secretary has misquoted the language of 
tha second soction of the act of 1857. He says that by that section the 
(Jommissionor was required to state an account between the United 
States and each of the other States upon the same "principle," whereas, 
thsj V70rd used in the law is "principles" — a very different word and 
having a very different signification, as applied in the section to the sub- 
staniivo matter of legislation. 

To Rtiito "an account" upon the "principle of including the per cent. 
on Indian reservations in an account of the five per cent, on public lands, 
is quite a different thing to stating "certain accounts" of the other States 
upon tho "-Bame principles" applied to Alabama and Mississippi in allow- 



91 

in^ and paying to tliem five per cent, on their public lands and Indian 
reservations. 

Tlie lion. Secretary is someliowso nnfortnnate in writing jiis opinions 
as to drop the little letter "s." 

The re-statement of the first opinicm of the Hon. Secretary in hia 
second one, npon the simple question before him, was wholly iinneces- 
eary for the guidance of the Land Commissioner in the premises, and 
was evidently intended for your eye, Mr. President. 

The Hon. Secretary atiirms that the first position he liold was : 

''That two-fifths of the five per cent, of the net proceeds of the lands 
lying within the State of Illinois, has been disbursed by Congress in 
strict accordance with the compact between tlie General Government 
and that State." 

This 1 utterly deny, and challenge the Secretary to the proof. It will 
not be sufficient for him to say that the amount expended in his own 
State (Indiana) on the National road, which is now the private j9roj)6rti/ 
of that State, or that the amount wasted upon tlie National road in Illi- 
nois is a legal compliance with the sixth section of the act admitting 
her into the Union. I have heretofore discussed this point, and will not 
elaboiate it, especially in view of the fact that the Hon, Secretary has 
not di.scussed it, and contented himself with simple naked declarations 
concerning it. The question, however, of expenditures on the National 
road, as I have heretofore shown, and desire again to impress, has noth- 
ing to do with the one I have presented. 

Further on in his second opinion, the Hon. Secretary says : 

''The State of Illinois never released the General Government from 
it^ obligation to appropriate the fund pursuant to the compact which was 
binding \ipf)n them both," 

Two inferences are deducible from this language. 

First, that the State of Illinois has yet a subsisting demand against 
the Goieral Government for this fund, which she has never relin- 
quished, as the Hon. Secretary admits, and I thank him for his full, free 
and frank acknowledgment of the fact. It puts it and the rights of the 
State beyond all cavil or doubt, and dispenses with any argument to sus- 
tain the point. It does more. It overthrows the Hon. Secretary's own 
reasoning and deductions that the State is not entitled to the money I 
claim for her. She has never relinquished her right to it, has never ob- 
tained it, and it cannot be shown that it has ever been expended in com- 
pliance with the sixth section of the act admitting her into the Union. 
1 again thank the Hon. Secretary for his admission. He admits that 
the compact was binding both on the General Government and the 
State, and that the State has never released the General Government 
from the obligation imposed upon her by that compact. Thus the Hon. 
Secretary has virtually acknowledged the validity of the claim 1 repre- 
sent, and that Illinois has alM^ays regarded it as valid. 

Hence, second, that the General Government is still holden to Illi- 
nois for the expenditure of the fund in compliance with the sixth section 
of the enabling act of that State. 

But if we had run the statement back, and connect it with another, 
with which it has no connection, to-wit: with one that the act of 1841 
relinquished the two per cent, to Alabama and Mississippi on conditions 



92 

"dcclavino- their acceptanco of said relinquishment in full of said fund, 
and embracing a provision to be unalterable, without the consent of 
Congress, that the whole of said fund should be ap[)lied in the construc- 
tion of works of internal itnprovenient," still that does not help the 
Hon. Secretary out of his trouble. There are no restrictions in the acts 
of 1855 and 1857, such as are found in the act of 1841, imposed upon 
the States, and it may be, for auglit you or I know, Mr. President, that 
one object Alabama and Mississippi had in procuring the additioTial 
legislation of 1855 and 1857, was to get rid of the restrictions imposed 
upon them by the act oi' 1841, in regard to the expenditure of their re- 
spective amounts. Hovvever this may be, it is certain the restrictions 
were removed, and all the States left free to appropriate their several 
sums as they might determine best. 

I am wearied, J\Ir. President, with answering such arguments as I 
have iust referred to, and with which the Hon. Secretary's opinions 
abound, for there is nothing in them, and besides ihey are inconsistent 
with themselves. 

Immediately following the last words I have quoted from the Hon. 
Secretary's opinion, is the following : ••' that obligation was fully dis- 
charged" (I have emphatically denied, and 1 think clearly shown that 
this is an erroneous conclusion) "and the former opinion cites the acts 
of Congress specilically providing for the expenditure of $00(),000 
within her limits in the construction of the IN'ational road. The actual 
amount so expended appears from the books of the Treasury Depart- 
ment to be (8739,870 99) seven hundred and thirty-nine thousand eight 
hundred and seventy-nine dollars and ninety-nine cents. 

It thus a})pears from the Hon. Secretary's statement that $33,879 99 
were expended more than there teas amj aj)j^)'}'Oj)riation to cover/ Will 
he insist that that amount is properly chargeable to the two per cent, 
fund of Illinois also ? 

The most important part of the Hon. Secretary's statement is, how- 
ever, that the books in the Treasury Department show the expenditure 
of $739,879 99, from which the inference will be drawn, in the absence 
of the facts, that that amount is charged against Illinois' two per cent, 
fund on those books. Such is not the case, and I cannot make the truth 
about it more patent than to give the following certificate of the Acting 
Register of the Treasury : 

Treasury Department, Register's Office, Sej)L 20, 1803. 
I do hereby certify that there is no account on the books of this office 
in relation to the two per cent, fund with the State of Illinois. No sum 
has been credited to said State on account of said fund, nor has there 
ever been any amount charged against it in this office. 

R. SOLGER. 

Acthig Hegister. 

When the account has not been stated — when nothing has been 
charged against it in the Treasury Department — wlienit is remembered 
that the Interior Secretary cannot act officially upon any business per- 
taining to the Treasury, and has imthing to do with, or control over it, 
it is indeed most extraordinary that he should base his official action 
upon what does pertain to the Treasury Department, more especially 



93 

when the books of that department do not show that one dollar has ever 
been charged by the United States against the two per cent, fund of 
Illinois. 

Let rao recapitulate. The lion. Secretary gives in his last opinion 
his iriterpretution of the second section of the act of 1857. He says: 

"I>y the second section of the act the Land Commissioner is required 
to state an account between the United States and each of the other 
States upon the same princiijlc, that is to say, upon the principle that for 
the purpose of an account lands embraced by permanent Indian reser- 
vations, should be estimated as so much land sold." 

The language is somewhat obscure and ambiguous, but the lion. 
Secretary means by it simply this, I suppose, that the other States 
should be allowed five per cent, on their Indian reservations, and for 
that purpose the Land Commissioner should state an account with them 
on that principle — that is, on the principle of allowing them five per 
cent, on their Indian reservations. This all the J Ion. Secretary makes 
out of the second section. I have already shov/n that he has misquoted 
it, and that "principle.?," not "principle," is the word used. I have also 
shown that two accounts were to be stated with Alabama and Missis- 
sippi, and then merged into one. The other States were to have their 
accounts stated on tlie "same principles-," that is including the account 
of the five per cent, on public lands and live per cent, on Indian reser- 
vationn, and, not merely, as the Jlon. Secretary has it, stating an account 
upon the "principle" oi' allowing five per cent, on Indian reservations. 

It seems to be very generally feared, by those with whom I have 
talked upon the subject, that the President, being a citizen of the State, 
will feel too much embarrassed to decide the claim in her favor. As 
that consideration is unworthy of a great mind, and has no legal bear- 
ing upon the question, I am unwilling to believe it will be allowed to 
enter into its determination. 

The truth is, there never should have existed a necessity for taking an 
appeal to the President, and none ever would have existed, if the case 
had not niifortunately fallen into the hands of those who control the 
Interior Department, and from whom Illinois has nothing to expect but 
bitter and unrelenting hostility. This is true, and I mean to be honest 
enough to say it. Indeed, a failure to proclaim the fact would be injus- 
tice to the State. Cf course, the appeal was not held in the Interior 
Department for six months merely to enable the Secretary to make up 
his opinion on the law ! There was another reason and another motive 
for the delay, which I intend to speak of at the proper time. 

The Commissioner of the General J^and Ofiice, for whose integrity I 
have the highest respect, and whose promptness and fidelity m the dis- 
charge of public business is deserving or the greatest ccmme'i^dation, 
took the right ground in reference to the law of 1857, although I differ 
with him in the construction of it. Ilia posititm was that it only applied 
to Indian reservations, and consequently did not authorize, in his judg- 
ment, the payment of the two per cent, on public lands. He never 
quibbled or raised any question about the expenditures oj) the National 
road ; but properly comprehended the point that if the law of 1857 em- 
braced the per cent, on public lands, it was folly to interpose the assum^)- 
tion that it had already been paid to the State. If it provided for the 



94 

payment of the per cent, on both the Indian reservations and public 
lauds, it followed as clear that one could not be paid without ])a-.ying the 
other ; because if both objects were end)raced in the law, both were 
equally entitled to be respected. Hence the Land Commissioner de- 
clined to state the account of Illinois on the publ c lands for the reason 
that, in his judgment, the acts of 1855 and 1857 applied or related ex- 
clusively to Indian reservations. He did not abandon that ground and 
attempt to fortify his position by a6sertin<y that the money had been 
expended years ago for other objects! as was done in the Interior De- 
partment, where, if any such fact existed, they had no legal j'ight to take 
cognizance of it. It was the business of another, and not the Interior 
Secretary's. It was no concern of his what ha:l or had not been paid 
out in the Treasury Department. Tiie sim^ple point he was called upon 
to decide was the one decided by the Land Conmiissioner, to-wit: do 
the laws of 1855 and 1857 require the statement of the live per cent, 
account on public lands as m'cU as on Indian reservations? If they do 
not it is folly to talk about (he. anuMint having already been expended 
— if they do, the law of 1857 is inq.ierative that it "shall be allowed and 
paid." This is the only rational view to take of the subject. The 
Land Commissioner took it, and confined his action to the construc- 
tion which he gave to the laws, w'ithout entering into an extended 
and laborious exploration of things past, to see if he could not possibly 
find some extraneous consideration to defeat their operation. That ho 
was wrong in his construction of the statutes, I think I have clearly 
shown ; that he was correct in confining his decision within the terms of 
the act of 1857 is beyond all doubt. If the Interior Secretary had 
taken this course there would be less reason to complain. The law of 
1857 either does or does not confer upon the State the right to the money 
1 claim fir her. If it does confer it that is an end of tb.e matter. If it 
does not confer that is also an end of it. The State stands by the law 
and protests against reasons being assigned for disregarding it which 
rest on no better foundation than the exhumed reniains of obsolete enact- 
nients. 

I repeat, the State's claim nmst be determined by the law^ of 1857. 
If that embraces the per cent, on public laiuls the United States has no 
escape from its payment, except in a determination of its ministerial 
officers not to execute it. Thongh temporarily defeated I see no cause 
for despondency. I have a case which the President understands and 
respects, and will assuredly decide for the State, as he believes the law 
to be with her, and certainly there can be no doubt about his power to 
entertain the appeal. 

Eespectfully submitted, 

L IM. MORRIS, 
Agent and Attorney far the State. 

QuiNCY, October y 1SG3. 



ADDITIONAL SUITLEMENTAL UEI'ORT 



ON THE 



TWO PER CENT. FUND, 



SUBMITTED TO HIS EXCELLENCY, 



RICHARD YATES, 



GOVEKNOli OF THE STATE OF ILLINOIS. 



To His Excellency Hichard Yates, 

Governor of the State of Illinois : 

Sir — In October, 1803, I submitted to you a supplemental report on 
the two per cent, fund, due from the United States to the State of Illi- 
nois, for road purposes. The interest which you have unilbrmly mani- 
fested in the subject, encouraged me to persist in pressing the State's 
demand. I was still further encouraged by my increased conviction of 
its justice. That the State will eventually obtain the sum duo her, I 
have not a solitar}^ doubt. The right must ])revail in the end. 

It will be remembered that at the time of the submission of my sup- 
j)]emental report, the cause of the State was still pending before tho 
President, on appeal from the Interior Department. In the early part 
of December following, 1 again repaired to "Washington, and found tho 
appeal still undecided. I called upon the President soon after, in con- 
junction wuth Mr. Washburne, Judge Norton, Mr. Arnold, Mr. Rose, 
Mr. Knapp and Judge Wm. J, Allen, members of Congress from the 
State, and we jointly urged upon his Excellency the necessity of action. 
He received us kindly, and the interview terminated by leaving an en- 
couraging hope. Delay still following, however, the Hon, O. H. Brown- 
ing and myself, from time to time, urged upon the President to decide 
the case, and from day to day expected a decision to be rendered. I 
was therefore somewhat surprised to find it had been referred to tho 
Attorney General, who held it for nearly three months, although the 



96 

Hon, O. H. Browning and myself wore alraost daily importuning him 
for action, and when he finally delivered his opinion he ante-dated it. 

The following correspondence and subjoined documents will show 
pretty fully what transpired, in regard to the claim I represented, at 
Washington during my last visit there, which commenced in the fore 
part of December and did not terminate until April. I trust it will be 
found I did all it was possible to be done in the premises, and that mj 
course will meet your approval and the approval of the Legislature and 
people of the State, whose interest I have labored to promote to the best 
of my ability, through a protracted controversy. 

"Washington City, Dec. 31, 1863. 
Hon. J. M. Edmunds, Coiti't Gen. Land Office. 

Sib — Will you oblige the State of Illinois by furnishing to me, as her 
agent, a statement of the gross amount of two per cent, of the net pro- 
ceeds arising from the sales of the public lands, made within her limits 
since January 1st, 1819, after deducting all expenses incident to the 
same ; and in doing so please specify particularly the amount of said 
per cent, which thus accumulated ajtcr Congress had ceased to make 
further appropriations for the construction of the ISTational or Cumber- 
land road. 

I remain very sincerely and truly your friend, 

"I. N. MORRIS. 



General Land Office, Jan. 5, 1864. 
Hon. I, N. Morris, Present. 

Sir — I have the honor to acknowledge the receipt of your letter of 
the 31st ult., requesting a statement of the gross amount of two per cent. 
of the net proceeds arising from the sales of public lands in Illinois, 
since first January, 1819, after deducting all expenses incident to the 
same ; also, to specify the amount which had accumulated after Con- 
gress ceased to make appropriations for the National or Cumberland 
road. 

In reply I have to state that the gross amount received for lands sold 
from that date to May 25th, 1838, was $11,064,591: 03 ; from that date 
to Dec. 31, 1860, the receipts since 1860 not warranting an adjustment, 
was $13,794,574 20 ; total, $24,859,168 23. To which should be added 
the sum of $52,193 24, the estimated value of lands reserved under 
treaties with certain Indian tribes — making an aggregate of $24,911,- 
361 57. The expenses incident to the same can only be obtained from 
the books in the office of the Register of the Treasury, where the net 
receipts may be shown, the data in that respect not appearing in our 
records of adjustment. 

Yery respectfully, your obedient servant, 

J. *M. EDMUNDS, Commissioner. 



0T 

Washington, t/a^i. 6, 1864. 
To His Excellency, A. Lincoln, President of the United States : 

Sir — I bog leave to submit a few additional considerations, in connec- 
tion with the claim of Illinois to the two per cent, fund, arising fi'om 
the net proceeds of the sales of the public laiids within her limits. 

The State had, undoubtedly, a right to know, from the Interior De- 
partment, upon wliat ground it rejected her demand. If the law, ap- 
proved Marcli 3d, 1857, for the settlement of certain accounts between 
the United States and the state of Mississippi, and other states, only 
applies to Indian reservations, then that Department should liave rested 
its objection upon it. If, however that act is not to be regarded as a 
bar to the right claimed by my State, and the acts making appropria- 
tions to tlie National road are insisted on as such a com})liance with 
the terms of the compact between the United States and Illinois, as to 
cut off the right of that State to the money claimed to be due her, that 
ought to be assigned as the reason for withholding it. If the Honora- 
ble Assistant Secretary had assumed, exclusively, one position or the 
other, as he was bound to do from the character of the legislation, his 
opinion would have been more consonant with established legal rules, 
and less disingenuous. Had he fixed upon some definite and positive 
enactment as a basis for, and in justification of, his opinion, it would 
have been much wiser and safer than to have relied on vagrant au- 
thority. 

As to your power to hear and determine the case, I think there can 
be no doubt. In a constitutional sense, it was pending before you from 
the moment I made the application for the money on behalf of the 
State, in the General Land Office, so that the formal appeal was a work 
of mere supererrogation. 

By the constitution you are made the Executive to execute the laws. 
By that same instrument you are made Commander-in-Chief of the army 
and navy. By virtue of your authority as such commander, you can 
reverse the orders, decrees and proclamations of your inferior military 
officers, and during the present rebellion have exercised that power. It 
would seem clear, therefore, from analogy and parity of reasoning, to 
say nothing further upon the subject, that you have the right, as the 
Executive, to reverse and annul, or overrule, the opinions and decisions 
of your ministerial executive officers. The same provision of the con- 
stitution which confers upon you the powers of a Commander-in-Chief, 
also declares you "may require the opinion, in writing, of the principle 
ofiicer in each of the executive departments, upon any subject relating 
to the duties of their respective oflSces," but it does not declare, nor does 
the constitutioH anywhere declare or provide, you shall be bound by 
such opinion. Its character is purely advisory, and was not intended 
to interfere with or obstruct your duty to take care that the laws be 
faithfully executed. That dut^-- and that power the constitution invests 
complete and entire in yourself. It not only invests it there, but it im- 
poses a positive injunction on you to perform it. It is an executive and 
not a judicial duty. 

The question of the President's constitutional power and duty, in 
cases where his subordinate executive officers refuse or neglect to exe- 



98 

cute the law!?, or perform their duty under tliom, was elaborately and 
ably discussed, by Chief Justice Taney, when Attorney General, in his 
opinion rendered to the Secretary of State on the '2^th of December, 
1831, on the hbel case then pending; before the District Court of New- 
York, involving the alleged forfeiture to the United States, under our 
revenue laws, of the stolen jewels of the Princess of Orange. To this 
opinion you have not heretofore been referred, and i beg leave to direct 
your attention to it. See Gilpin's Opinions of the Attorney Generals, 
pages 853-860. 

The jewels were of very great value — were stolen and brt>nght- to this 
country witliout the consent of the owner — M'ere libelled by the District 
Attorney of the United States, and as soon as thev Avere known to be 
here they were demanded by the minister of the Iving of the Nether- 
lands, acting under the direction of his Government, as the property of 
the Princess, who was one of the tamil}' of the King. Tlie District 
Attorney declined to discontinue the proceeding against them, and the 
question arose as to the power of the President to direct him to do it. 
For convenience, I will give some extracts from Mr. Taney's opinion, 
although I have referred you to it as a whole. He says : 

"The main question, and the only one about which there seems to be 
much difficulty is, whether the President may lawfully direct the Dis- 
trict Attorney to discontinue the libel now pending against these jewels 
in the district court of New York. The libel is in the name of the Uni- 
ted States; it was tiled by their attorney in their behalf, and claims to 
have the property condemned us forfeited to the United States for an 
oflense alleged to. have been committed against their revenue laws. 

"Assuming that the District Attorney possesses the power to discon- 
tinue a prosecution, the next inquiry is, can the President lawfully direct 
him, in such a case, to do so i And this, I understand, is the chief point 
of difficulty. 

" I think the President does possess the power. The interostso f the 
country, and the purposes of justice manifestly requii'e that he should 
possess it, and its existence is necessarily implied by the duties imposed 
upon him in that clause of the constitution before referred to, which en- 
joins him to take care that the laws be faithfully executed. Cases readily 
suggest themselves which show the necessity of such a power to eiuiblo 
him to dischai'gc th.is duty. 

"Suppose a foreign ship with pul)lic stores onboard is taken possession 
of by a mutinous crew and brought to the Uidted States, that the stores 
are seized by the collector and libelled for a breach of the levenue laws, 
and pending the libel the foreign Sovereign demands them of the Execu- 
tive of the United States, and their is no other claimant of the property, 
may not the President order the prosecution to cease and the stores to 
be delivered up? Or must the United States prosecute, b}' its officer, 
a claim which it knows to be unfounded, against the property of a for- 
eign and friendly nation. 

" Indeed, a case might readily be imagined in which justice to an indi- 
vidual would equally require the existence of the power and its exercise 
by the President. For, suppose a merchant ship bound from one foreign 
port to another, is piratically seized upon by the crew, and brought into 
the United States, and the goods of the merchant are seized for a breach 



99 

of our revenue lawH, on a libel filed against tliem, and suppose the offi- 
cer continue Ihe prosecu'ion after these facts are made known to the 
government; if the Pr^f^ident v^'as satisfied tliat su':j}i a prosecution was 
not a faithful execution of the laws, but unjust and oppressive to the 
innocent merchant, would he not have ari;^ht to order the prosecution to 
be discontinued. 

" If it should be said that the District Attorney having the power to 
discontinue the prosecution, there is no necessity for inferring a ri^^htin 
tlie Piesident to direct him to exercise it. I answer, that the direction 
of the President is not required to communicate any new authority to 
the Disti'ict Attorney, but to direct him, or aid hin-i in the execution of 
the power he is admitted to possess. It might, indeed, happen that the 
District Attorney was prosecuting a suit in the name of the United 
States against their interest and against justicc,,and for the purpose of 
oppressing an individual. Such a prosecution would not be a faithful 
execution of the law. and upon the Pr.:;sident being satisfied that the 
forms of law were abused for such a purpose, and being Ijound to take 
care that the laws were faithfully executed, it would be liis duty to take 
measures to correct the procedure, and the most natural and proper man- 
ner to accomplish that object would be to order the District Attorney 
to discontinue the prosecution. The District Attorney might refuse to 
obey the President's order, and if he should refuse, the prosecution, while 
he remained in office, would still goon, because the President could give 
no order to the court or the clerk to mEtke any particular entry. LLq 
w(juld ordy act thnuigh his subordinate officer, the District Attorney, 
who is responsible to him, and who holds his office at his pleasure. And 
if that officer still continued a prosecution which the President was sat- 
isfied ought to be discontinued, the removal of the disobedient officer, 
and the substitution of one more worthy in his place, would enable the 
President, through hiui, faithfully to execute the law. And it is for 
this, among other reasons, that the power of removing the District At- 
torney resides in the President. 

" Upon the whole, I consider the Distric'" Attorney as under the control 
and dii'cction of the President, in the institution and prosecution of suits 
in the name of the United States; and that it is within the legitimate 
power of the President to direct him to institute or discontinue a pend- 
ing suit, and to point out to him his duty, whenever the interest of the 
United States is directly or indirectly concerned. And I find, on exami- 
nation, that tlie practice of the government has conformed to this opinion, 
and that, in many instances, when the interposition of the Executive 
was asked for, the case has been referred to the Attorney General, and, 
in every case, the right to interfere and direct the District Attorney is 
as sumed or asserted. 

" It may be said that these cases vrere not prosecutions for forfeitures 
incurred by a breach of the revenue laws, and that the authority to remit 
for a violation oi' the revenue laws being given to the Secretary of the 
Treasury, it cannot afterwards be exercised by the President. In reply 
to this, I answer: First, that the case upon which the President is re- 
quested now to act, is not one given to the Secretary. lie is authorized 
to act where a forfeiture has been actually incurred — where an offense 
against the laws is admitted or proved. But the case presented to the 



100 

President, if successfully made out, is one in which no offense lias been 
committed, and no forfeiture has been incurred. And if it be shown to 
be one of this character, then it is not given to the Secretary of the 
Treasury, and he has no power over it. In the second place, if this case 
weie clearly embraced in the powers given to the Treasury Department, 
it would not and could not deprive the President of the powers which 
belong to him under the constitution. The power conferred on the Sec- 
retary by the law of Congress, would be merely in aid of the President, 
and to lighten the labors of his office. It could not restrain the limits of 
his constitutional power." 

1 suppose no one will doubt but that the President has the same power 
over the positions and acts of his cabinet officers, and the Commissioner 
of the General Land Office, that he has over the positions and acts of the 
district attorneys. They are but his clerks, subject to his direction, and 
if either of theui fail to execute a law, they, being but the creatures of 
his will, it is his duty to see that they do it. 

I submit, therefore, that the authority I have just quoted, and those 
equally high, heretofore cited, should be regarded as of more weight than 
the opinion of the honorable Assistant Secretary, who declined, upon 
my praying an appeal to you, to "send up the papers," assuming the 
ground, in doing so, that his opinion was final and conclusive — that, 
although you might differ from him in the construction of the law, still 
you had no right to direct hini to execute it — that "JS"ot discovering," 
(to use the language in his letter to me,) "from the attention that I have 
been able to bestow upon the subject that an appeal lies in such d case, 
from the decision of the department, I shall await the order of the Presi- 
dent in the premises" — that you had no power or right, in his opinion — 
for that is the meaning of it — to look at the papers ; no right to inquire 
whether justice h'ad been done to Illinois, whether the law had been ex- 
ecuted ; no right to give an opinion contrary to his; no right to question 
his act, thus, in effect, saying "I am greater than thou." This theory 
and exposition of our political organization seems to have been unknown 
to our earlier statesmen, and has, for the first time in our history, been 
seriously urged by a subordinate ministerial officer, in defense of his own 
act and assumed superiority. 

If this new reading of the constitution should become the settled doc- 
trine of the executive department, and be regarded as a sound legal in- 
terpretation of that instrument, I readily admit that my State is without 
executive remedy, and that she has heretofore totally misapprehended 
constitutional law. She has relied upon older authorities, but it may be 
that the honorable Assistant Secretary has successfully overthrown them, 
and given a direction to the government different from that it has here- 
tofore pursued. It is, indeed, certain that if you have no authority to 
look into the act of your subordinates ; no authority to inquire whether, 
in the case of Illinois, the law has been executed, you have no power 
over the Interior Department — no, not even a supervisory power — no 
right to inquire whetlier it has executed the laws, although the constitu- 
tion provides you shall "take care" that they are executed ; and thus the 
departments are exalted over the Executive, and a vital blow is struck 
at the supremacy of the constitution. 

I cannot believe that your Excellency will understand the subject as 



101 

the honorable Assistant Secretary does, or will so act upon it. In your 
letter to me, speaking of the ca.se of the State, when, in the Interior De- 
partment, you say : 

" When he (meaning the Interior Secretary) shall have acted, if his 
action is not satisfactory, there may, or may not, be an uppeal to me. 
It is a point I have not examined ; but if it then be shown that the law 
gives such appeal, I shall not hesitate to entertain it when i)resented." 

I trust it is not too much for me to say it has been shown you have 
that power ; that unless you possessed it, your dignity and office would 
subordinate below the dignity and offices of the creatures of your own 
will or appointments. Such being a constitutional impossibility and un- 
derstanding that, so far as the case of Illinois is concerned, the real and 
only question involved therein is, your power to hear and pass upon her 
rights, I rest under the confident e-xpectat«ion they will be upheld, and 
your authority vindicated. 

There are some things in this connection that I ought to say in justice 
to my State, but which I will omit. I have endeavored to confine my- 
self, as far as possible, to the great issue presented, and permit outside 
pressure and influence, which has been brought to bear against the State, 
Irom a certain quarter, to pass by, at least f®r the present, unnoticed. 
They areas detrimental to those engaged in producing them, as they are 
injurious to Illinois, who has so nobly stood by every duty required of 
her, and promptly responded to every call upon her patriotism. If she 
is to be denied by the general government her plainest and simplest 
rights, she must feel her inferiority among the sisterhood of States, and 
grow more or less indifferent to a government that treats her imjustly. 

But if the constitutional requirement is disregarded or set aside, and 
the legislation of Congress is relied on, that would seem to be equally 
clear in the case of Illinois, pending before you, as it has grown out of 
and relates to the public lands. The first section of an act (see LJ. S. 
statutes, vol. 5, p. 107-8,) entitled "An act to organize the General Land 
Office," approved July 4.th 1836, is as follows : 

'■^ Be it enacted by the Senate and Ilouse of Representatives of the 
United States of America in Congress assembled,, That from and after 
the passage of this act, the executive duties now prescribed, or which 
may hereafter be prescribed by law, appertaining to the survey and sale 
of the public lands in the United States, or in anywise respecting such 
public lands, and also such as relate to private claims of land, and the 
issuing of patents for all grants of land under authority of the govern- 
ment of the United States, shall be subject to the supervision and control 
of the Commissioner of the General Land Office, under the direction of 
the President of the United States." 

This statute is merely declaratory of the President's constitutional duty 
and power. 

Upon one point your Excellency is laboring under a misapprehension. 
In your letter to me, under date of the 26th of August last, among other 
things you say : 

" Now, my understanding, is, that the law has not assigned me, spe- 
cifically, any duty in the case, but has assigned it to the Secretary of the 
Interior." 

The law, as you will see by again referring to it, has not assigned to 



103 

the Interior Secretary any duty, bnt assigned it to the Commissioner of 
the General Land Office. All the power the secretary had, was to 
decide ttie appeal upon tlie record aent up, which he did not do. The 
acts of the Land Commissioner ''in anywise respecting public lands," 
are placed by the law directly under yonr supervision. But the consti- 
tutional duty of directing the execution of the laws rises to a higher 
dignity than the command of a Congressional statute. There is one 
point under wdiich I have been laboring under some misapprehension, 
though it has been against and not for the State. I supposed, from 
infoi-mation which 1 received, that Missouri had applied lor the pay- 
ment of her two per cent, under the act of 1857, upon which I rely, as 
supporting the claim of Illinois, and that her representatives in Congress 
had only resorted to the ])assage of a special act, providing for its pay- 
ment, to avoid tlie objections ('f reluctant governmental officers. Such 
seems not to be the case. With a view of ascertaining Xho. facts in 
regard to the matter, and why Missouri did not rely upon the legislation 
of 1855 and 1857, instead of asking for and obtaining a special act for 
her relief, I addressed the Hon. James S. Green, formerly a United 
States Senator from Missouri, a letter, and beg leave respectfully to 
transmit herewith a copy of his reply, to which I ask your special 
attention, as it not only states the reasons why the special act for Mis- 
souri was passed, but contains also a brief, j^et exceedingly lucid exposi- 
tion of the laws upon which rest the claim of Illinois. I have no doubt 
but that if my State had the benefit of a special act she would bo 
resisted in the departments, as was Missouri, after she obtained her act, 
since the plainest duty required by the act of 1857 towards her, to state 
her account that she may know how it stands, even if the payment of 
the sum due is thereafter denied, has been totally disregarded, and the 
law set at open defiance. 

As to the per cent, on Indian reservations, it would be hard to con- 
ceive of or find a reason to justify the assumption that when Congress 
passed the acts of 1855 and 1857, it contemplated or even dreamed of 
appropriations made for the construction of the I*[ational road, ranging 
in their date from more than a half to a quarter of a century before, 
being applied as an ofl'set by tiie government to that per cent. The 
same is equally true of the per cent, on the public lands. One class of 
legislation has no reference to the other, but each is complete and inde- 
pendent in itself. If Congress had intended the offset, it would have 
so provided, and failing to make the provision, it cannot be supplied by 
a ministerial officer. This doctrine would seem to be a settled rule of 
construction, and has been so held in the Attorney General's Office. 
See Mr. Wirt's opinion in "Gilpin's Opinions of the Attorney Generals," 
pages 1385-6-7, wherein he determined, as early as 1818, that Congress 
having fiiilcd to insert, in express terms, in an act making an appropria- I 
tion for the completion of contracts on the National road, a provision ' 
that the sum appropriated should be reimbursed to the treasury out of 
the two per cent, land fund of Ohio, it could not properly or rightfully 
be charged to that fund. The conclusion would hence seem irresistible 
that if the government could not charge the appropriation referi-ed to 
by Mr. Wirt, to the two per cent, fund of Ohio, it has as little right to 
offset the sum expended on the National road, in Illinois, against the 



103 

appropriation of her two per cent, embraced in and covered by the acts 
of 1855 and 1857, which declare it shall be "stated, allowed and paid," 
and in which there is no provision for or even intimation of such offset. 
If any n^rht to make it ever existed, which I aihrm is not the case, that 
right was released or relinquished by the subsequent legislation referred 
to. W])cre is the provision which authorizes the expenditures on the 
National road to be charged against the two per cent, on the Indian 
reservations in Illinois? Where is the provision which authorizes such 
a charge to be made against the two per cent, land fund of that State? 
There is no such legislation, and no reference to it in the acts of 1855 
and 1857, nor can they be tortured into any such construction. So 
plain arc their provisions, so direct and mandatorj'-, that the Honorable 
Assistant Secretary did not venture upon such an experiment. In the 
absence, then, of any such legislation or provision, the opinion of Mr. 
Wirt is conclusive that the expenditures on the National road cannot be 
legally or justly charged ag.iinst the claim of Illinois. By the acts 
referred to the appropriation is absolute and unconditional, and the 
rights of the State cannot be defeated, except by a total disregard of 
them. 

In other words, the opinion expressed by Attorney General Wirt is, 
in elfect, that as the act tor the ajtpropriatiou of money towards the 
building of the National road did not say that the sum appropriated 
was to be re-imbursed to the treasury out of the five per cent, land 
fund, created by tlie com])rtct between the United States and the State 
of Ohio, that appropriation must be regarded a.s an independent gift or 
grant, and the executive officers of the United States could not make 
the five per cent, fund liable for such additional and independent appro- 
priation. So the acts of 1855 and 1857 are to be regarded as independ- 
ent of, and having no relation to the appropriations to the National 
road. And as they contain no terms relative to an ofiset, re-payment, 
or re-imbursement out of any such fund, of the sum required to be 
"stated, allowed and paid," the executive oflicers have,__no authority to 
subject such fund to any such liability. Congress, when passing the 
acts of 1855 and 1857, was legislating upon the five per cent, arising 
from the sales of the public lands, aiul providing for the inclusion therein 
of the five per cent, on Indian reservations, and in nowise in regard to 
the expenditures on the National road. This conclusion is so clear and 
so inevitable, both from the laws themselves and the history of their 
passage, that all doubt on the point is efi'ectually and entirely removed. 

Every statute which contains no terms connecting it with another, 
must necessarily be construed by itself. The only connection the laws 
of 1855 and 1857 has, is with the provision setting apart the five per 
cent, fund embraced in the enabling acts of the states to which they 
refer. They embrace appropriations covering that object, and the five 
per cent, on Indian reservations and nothing more, and they do this 
without limitation or conditions. 

There is a partial view of the question which I have not separately 
presented, for the reason I desired to present it as a whole. I will 
mention it now, however, for your reflection, without discussing it. 
The Assistant Interior Secretary ])leads the law making appropriations 
to the National road in bar of the claim of Illinois. A large amount 



104 

(and I have taken steps to ascertain definitely wliat it is) of the two per 
cent, road fund belonging to the State, accunmlated in the treasury, 
from lands sold, after all appropriations for the Cumberland Road had 
ceased. Is not the State at least entitled to the amount which thus 
came into the treasury ? I do not raise the point with a view of yield- 
ing any part of the claim, but as suggestive of the legal impossibility of 
the appropriations referred to being applied as an offset to a subse- 
quently accumulated fund. 

The first act making an appropriation to the National road was 
approved March 29, 1806, and the last was approved Ma}^ 25, 1838. 
(See abstract of United States Statutes at large, pages 357-8.) The 
State was not admitted into the Union until April 18, 1818, and if her 
two per cent, fund is to be charged with expenditures on account of the 
National road, those made before her admission cannot certainly be set 
down against it, and yet there would seem to be as much propriety in 
making such a charge as the one before mentioned. 

But I have heretofore shown the want of authority in the ofiicers of 
the government to make the charge refen-ed to as a whole, against the 
State, especially in view of the acts of of 1855 and 1857, and it would 
be out of place to duplicate that argument in this communication. It 
is, however, proper for me to say, in view of the fund which accumula- 
ted, after appropriations for the National road had ceased, that Congress 
was to "disburse" it "in making roads leading to the State." How 
could such "disbursement" be made when there was no such fund, and 
the lands had not even been sold. In my judgment, there can be no 
other legal interpretation of the sixth section of the act admitting Illi- 
nois into the Union, but that the money was to be "disbursed" as it 
accumulated, or thereafter. The word " disburse " means to " pay out, 
to expend, to spend." How could that be paid out, expended, or spent, 
which had no existence? It was evidently intended, from the language 
used in the section just mentioned, that Congress should not and could 
not, without the consent of the State, make a wasteful expenditure of 
the money, as it did, or it would be more proper to say a wasteful 
expenditure of the money of the government, and then have its officers 
to claim, in the face of an act recognizing her right to it, that the treas- 
ury was to be reimbursed out of it. The language of the sixth section 
pre-supposes the existence of the fund before its distribution, and any 
anterior use of it, I insist, was unauthorized by the compact between 
the United States and the State of Illinois, and in palpable violation of 
her rights. Her representatives in Congress would be continually 
increasing, and new interests might arise which would give a different 
direction to an accumulated fund, to that which it might take when 
anticipated. The State, too, as she advanced in population and repre- 
sentation, would be better able to protect her rights. However, I have 
said I would not discuss this point, nor will I. I have thrown out but 
a few suggestions upon it, which I think are sound and well taken. 

Having now, as I trust, performed my duty to the Governor, Legisla- 
ture and people of my State, and said this much in addition to what I 
before have said, I hope to stand vindicated in their judgment, and 
have respectfully to inquire how soon it will be convenient for your 
Excellency to dispose of the cause of the State. I am fully sensible of 



105 



fhP <rreatand important duties pressing upon you, and althongli the 

nterlsrof ImnSs^s of vital moment to her, I will not unduly urge 

It to tte detriment of your Excellency's convenience m other more 

P'ti P ?P^ift'is''of course with you. The authorities would seem to be 
sufficiei the legar;il L one has ever questioned the equity 
o^he claim. I as?um? that I fully appreciate what some may suppose 
Vn ho the delicacy of your position, being a citizen of the btate but tliat 
Isideradon constitutes no reason why justice should be withheld Irom 
her nor will it influence a great mind like your own. ^u\„^a 

I have the honor, Mr. President, to subscribe myself, your obhged 
and humble servant, ^ ^^ MORRIS. 

"Washington City, January 21, 1864. 
Hon Edward Bates, Attorney General of the United States : _ 

Sm— I have been unofficially informed, but I do not question he 
cori4ctness of the information, tl-t his Excellency, die Pre^dent of h^ 
United States, has referred to you, tor legal ^etermmation the qi^stion 
of his power to direct the Commissioner ot the General L^nd ^^?^; 
execut^the law of the third of March, 1857, passed or the ^eneh tot 
Miss^Bsippi and other States, in pursuance of my app ication on behalf 
^ the sSt; of Illinois, for 'the recognition and enforcement ot her 

'^i^tretim tSi I presented for my State has ^en l^nd^^^^^^^^^^^^^ 
December, 1857, and which, during the past year, I have been piose- 
cutbg under the authority of the Governor and Legislature thereof is 
one of no ordinarv inteicst and importance to the people of lUmo s, 
von would confer a great favor upon them if you w;ould, at an early 
^eSod, ^nder your Spinion upon the point referred by his Excellency 

^Twesume sir, you have been placed in possession of my original 
and s^^i ;Sntar'y i-eport to the Go'vernor of my State relating to the 
matter of the claim, and of my communication to the P^-^s^dent on the 
Sme subject, under date of the 6th instant, which was accompanied by 
a etter 'addressed to me, by the Hon. James S. Green, m which the 
Lttnnrof facts therei; c'ontained and the legal deduc^ons th^em 
drawn, were indorsed and concurred in by the Hon. irank P. Blaii, m 
a written communication to me made on yesterday. Pp„^p<,pr. 

The latter managed the claim of Missouri m the House of Represen- 
tatives, and the former in the Senate. . ^ • u ^„o« ^f 

But as the single point of the President's ^^.r to act in the case of 
Blinois, now pending before him, has been referred to you tor your 
opinion thereon, you will find, if you desire to consult thein, my argu- 
ments in support of said power in my reviews of the Hon. Assistant 
Secretary's opinions, all of which reviews and opinions are contained in 
my supplemental report, and in my letter totlie President ot the 6th 
Sstant^^ You will also find the arguments of the Hon Reverdy John- 
son, in support of said power, in his opinion published m said supple- 
mental report. 



106 



I am fullj sensiWe I have not the right to appear before you, under 
tl" n% A •^'""^^,^^?' ^^ support of my view of the question you have 
been called upon to determine and I have neither a desire or^wi h lo 
nterfere with those rules ; yet I suppose it will not be improper forme 
to refer you to the case of McFadon^.. the Exchange, (7 Cmnch l/S ) 
in which the President "directed the Attorney Genei-al and the distric 
attorney m the discharge of their official duties, and they obeyed his 
direction. He and they acted on the principle thkt the President had 
^^^^Z!^^f'''^''' -^"-^ in ^which their diCtlS 

Yours, very sincerely, 

I. N. MOEEIS, 
Agrent and Attorney for Illinois. 

Washington City, Jmiuary 28, 1864. 
To HIS Excellency, Abraham Lincoln, 

President of the United States : 
^ SiK :— Some three weeks ago you referred to the Attorney General a 
single point m the case of Illinois, for his opinion thereom It was I 
understand, as to your jurisdiction. ' 

nnf l.?r r^^^T ""^T ^.T'^ ^"^^"^ ^""^^^ ^"^ ^^^^ '-^ conversation with him 
on the subject. In that conversation I spoke of the long delay Illino^ 
had been subjected to, and respectfully desired to knowhowsoo hs 
opinion would be rendered. To this inquiry he made no deS an 
swer. I then asked him if he would furnish me a copy ot his oTnion" 
when It was ready, saying, that I supposed it would not^be impioper?b; 

wo^hfbf? n^ T''''^ '^' '^^? ^^^^^' '^ ^^'«"^^"e i^ especially as '[ 
Zn\i n ^ \^ ^document. His answer to this was, that he could no 
tjnsh copies ot his opm-ons without asking Cong ess to allow h"m 
additional clerks 1 can, therefore, only anticipate from his remarkT 
which were trank, what his conclusion will be, and in doin^ so I be^ 
to assure your Excellency that I have no intention or desirS to intrudf 
oCt t'. ^f ^!^«^^d "^^g^« ^f the Executive Department My ol' 

rS lit" K''' '" ?^- f^''^ f ^ ^^^^^ ^^^"^^ I think I oughtVdo. 
l.shall, however, be very brief m what I have to say. 

tb.TiL '°'f ?T?r''''l' ^^' ^ ''^^'^^y comprehend^his views, will hold 
that the account of Illinois must be stated under the law of ISSr-that 
you have the power and it is your duty to order its sta^ment but t at 
you have no power to direct the mode or manner of itsSment Tht 

admi; Zf v.n ^^"^ executed,'' unwarranted by the constitution. I 
admit that you are no judicial officer, no court, no accounting officer 
but insist that you are clothed with all the attributes ot executive 
s^l tor ft "'''f''^^ V^'' enforcement of the laws, directory to yom' 
ml/, oiZT"""f -^T' 'T ''^PP<^'^itment, who' are but the clnve- 
meneesot the Executive Department of the government. 

mission./rr^ not an accounting officer, or^a secretary, or a land com- 
missioner, It does not follow that you have no power to look into the 



107 



manner in which these functionaries discharge their respestive duties. I 
admit you cannot perform all the duties yourself, of the various executive 
departments, and that it was not contemplated, in the organization ot 
the government, you should ; still this does not intertere with the consti- 
tutional obligation resting upon you to see that the laws are executed, 
when it is made known to you that they have not been. _ 

Comparatively but few such cases arise in the course ot an adminis- 
tration, and it is in just such cases that the President is required to in- 
terfere The provision of the constitution that "the President shall take 
care that the laws be executed" is broad, and covers all acts coming 
within the jurisdiction of the Executive Department; and evidently 
contemplates cases were subordinates might refuse to execute the laws. 
The responsibility, therefore, of their execution was, by the constitution, 
thrown upon the President, in whom is invested this attribute of execu- 
tive sovereifirnty. 

Attorney General Gushing, in his elaborate opinion on the relation of 
the President to the Executive Department, (see opinions of the Attor- 
ney General, vol. 7th, pages 464, 469, 470,) says : , -d • 

''In speakino- of the subordination of the departments to the Presi- 
dent we are to^'understand, of course, that the several executive bureaus 
are included, for they are themselves subordinate to the departments 
under the supervision of which they are placed respectively, whether 
by statute or by order of the President." 

"fake now the converse form of legislation, that common or most ordi- 
nary style, in which an executive act is, by law, required to be performed 
by a o-i'ven head of department. I think here the general rule to be as 
already stated, that the head of department is subject to the diredton of 
the President. I hold that no head of dejiartment can laivfully perform 
an official act against the will of the President ; and that wzll is, Uj the 
constitution, to govern the 'performance of all such acts. It it were not 
thus. Congress might by statute so divide and transfer the executive 
power as utterly to subvert the government, and to change it into a par- 
liamentary despotism, like that of Venice or Great Britain, with a nomi- 
nal executive chief, utterly powerless, whether under the name ot Doge, 
or King, or President, would then be of little account, so tar as regards 
the question of the maintenance of the constitution." 

If you have the power to direct the Land Commissioner to state the 
account of Illinois under the act of 1857, it would seem to be clear that 
you have an equal power to direct him how to state it. For the reason 
that if the Land Commissioner, in stating it, does not state it in compli- 
ance with the law, as you may understand it, it is as much an eftectual 
violation of the law as if he refused to state it all. A wrongful^ state- 
ment of it would be no legal statement, but a statement m opposition to, 
and in derogation of the law. and then the law would not be executed. _ Ihe 
power to direct the statement of the account necessarily carries with it 
the incident to that power. Under such a state of fact would it not be 
your duty to see that the law was executed ? The doctrine I have laid 
down, but do not intend to elaborate upon, was held by Mr. Whittlesey, 
one of the safest and ablest Comptrollers of the Treasury the govern- 
ment ever had, when passing the Galphin claim for interest. In that 



108 

instance he was directed by bis superior officer Jww to execute bis duty, 
and be passed tbe claim as an ^'•adminutrative act^'' and not bis own. 
Numerous other cases, of a similar character, could be cited, but I will 
not trouble your Excellency with but one more. I refer to that of 
McFadon m. the Exchange, (7 Cranch, 116,) in which the President 
"directed the Attorney General and district attorney in the discharge 
of their official duties, and they obeyed his direction. He and they 
acted on tbe principle that the President had a right to point out to them 
tbe MANJSIER in which their different duties were to be performed." 

To direct the performance of an act and refuse or neglect to direct 
tbe manner of its performance, is to leave undone the important part of 
the direction. Almost every day officers in the field are directed by the 
Commander-in-chief, or his Secretary of War, acting under his direc- 
tion, how and in what particular manner to perform their duties. 

If, for instance, an accounting officer of the treasury bad refused to 
pass a part of an account, arising under an act of Congress, say tbe act 
for compensating owners in the District of Columbia for manumitted 
slaves, npon tbe ground that too much bad been paid for particular ones, 
or upon some other frivolous pretext, that would have been a 77iode or 
manner of discharging bis duty which would not have been, and very 
properly too, long tolerated. 

The doctrine I believe to be too well settled to require discussion, 
that a law which is mandatory or directory to a member of tbe Execu- 
tive Department, imposes npon the President an obligation equally 
binding "to take care that it be executed," as if it were particularly man- 
datory or directory to himself. If it were not thus, inferior officers, not 
accountable to the people, could abrogate the legislative will, block the 
wheels of tbe executive power, and we would have a thousand Presi- 
dents instead of one. 

A simple direction to tbe Land Commissioner to state the account of 
Illinois would virtually be a direction to him to disallow her claims, if 
the ruling of tbe Interior Department should be adopted and followed. 

If every thing is to be done but to pay the State the money she 
claims, and her hope of receiving that is to turn to ashes on her lips, 
if she is to be delayed for years, and then the government is to escape 
from the payment of her demand, because of what I humbly conceive 
to be a mistaken rule of construction which the Attorney General will 
put upon the executive powers of the President, subordinating them 
below tbe powers of a mere accounting officer, she will have labored to 
little purpose in establishing her rights. If a mandamus would lie 
against an officer of the United States there might be less reason to call 
for Presidential interposition. 

I hope Illinois is not to be turned back to a result which I have, from 
tbe first, admitted to exist if tbe appropriations for the JSational road 
are to be charged against her two per cent. fund. She would not have, 
however, a fear of the result of her application in the bands of any 
governmental officer, if she bad confidence to believe he would, as she 
knows your legal mind will lead you to do, apply the principles of con- 
Btruclion laid down by the Supreme Court of tbe United States (see 2d 
Cranch) in tbe case of tbe United States vs. Fisher, in which the court 
Bay: 



109 

"It is undoubtedly a well established principle in the exposition of 
Btaiutes that every part is to be considered and the intention of the 
legislature extracted from the whole." 

Aojain : 

"When the intent is plain, nothing is left to construction. Where the 
mind labors to discover the design of the legislature, itseizes ever_ything 
from which aid can be derived ; and in such case the title claims a degree 
of notice and will have its due share of consideration." 

I shall not be able to see the opinion of the Attorney General before 
you will act upon it, and in all probability not before it shall appear in a 
printed volume. I beg you to consider that fact as a justification of 
this communication. 

Although not strictly within the scope or object of this letter, allow 
me to say, that I have, within a few days, received from the Hon. Frank 
P. Blair, after mature deliberation and examination on his part, a writ- 
ten communication, in which he sustains the facts and legal deductions 
contained in the letter of Hon. James S. Green, a copy of which I sent 
you. 

I have also received a certificate from the Hon. O. JVI. Hatch, Secre- 
tary of State for the State of Illinois, and send it herewith for your in- 
spection, showing that the Legislature of that State has never passed an 
act or resolution accepting the work done on the ISTational road within her 
limits, in lieu of the two per cent, fund, or declared the track of said road 
a State road. In view of these tacts, is it too much to ask that a liberal 
construction, such as the late Interior Secretary, Mr. Thompson, gave 
them and said they should receive, should be given to the acts of 1855 
and 1857. But a rigid construction of said acts will give to Illinois the 
sum she claims. The only way she can be kept out of her rights is to 
violently drag in other enactments, with which the ones I have just 
named, have no connection. 

Can any good reason be assigned why the whole five per cent, should 
be paid to Alabama and Mississippi, and a like allowance and payment 
be denied to Illinois? 

I remain, with great respect, 

Your Excellency's obedient servant, 

I. JS". MOEPJS. 

QuiNcy, Illinois, Novemhcr 30, 1863. 
Hon. I. N. Morris: 

Dear Sir : My attention has recently been directed to your corres- 
pondence with the ofificers at Washington City tor tlie purpose of pro-' 
curing payment of two per cent, of the net proceeds of the sales of 
public lands in this State. And I confess I Avas not aware of the exist- 
ence of the law under which you claim payment, until you brought it 
before the public. 

When in the United States Senate, I, with my colleagues in both 
Houses of Congress, procured the passage of a special law" for a similar 
payment of two per cent, to Missouri ; but if we had noticed the general 
^provision of the second section of the act of March 3, 1857, we would 
have relied alone upon it, without waiting the tardy and uncertain 



110 

action of Congress, and I should have felt confident in obtaining the 
two per cent, to which the State was justly entitled, without any farther 
legislation. And here, I may remark, is illustrated the impropriety of 
connecting a general provision^ with a special hill, unless the title clearly 
indicates its character. This provision in the act for Mississippi, in 
connection with the act for Alabama, on the same subject, and thereby 
re-enacted, is ample and explicit, and would have been relied upon by 
us it" it liad not escaped our observation. But although we obtained a 
special law for the two per cent, of Missouri, we were met under it by 
the officers of the United State's Treasury with the same objections and 
subterluges that you have to encounter when applying for Illinois. 
However, I finally obtained a reference of the question to the Attorney 
General, who promptly decided in favor of Missouri, and the money 
was accordingly paid. I have no doubt the same thing would have 
occurred under the laws on which you rely. 

These laws direct, in substance, an account to be stated with Alabama 
and Mississippi, of the whole five per cent, of the net proceeds of sales 
of public lands, and also to include the Indian reservations ; and then 
the last section directs a similar account with each of the other states, 
and to allow and pay the same. Language could not be plainer. 
There is an account to be stated, alloioed and paid, independent of the 
Indian reservations, and tlien, if any of these, they are to be included. 
This inclusive part necessarily implies something preceding, and it 
might be entirely stricken out of the law, and the enactment remain, 
both intelligible and efiective, retaining the primary object of the law — 
the inclusive part being nothing but the incident. Yet the pretext of 
the officers would make this little incident everything, and render the 
legislation of Congress both absurd and nonsensical. I feel obliged to 
you for having brought this subject to light. 

Very respectfully, your obedient servant, 

JAMES S. GREEN. 

As well as my recollection serves me, I concur in the statement of 
fiicts, and I agree in the conclusions of the above letter of Hon. James 
S. Green. 

FRANK P. BLAIR, Jk. 

WASHiNGroN City, January 20, 18G4. 

United States of America, \ 
State of Illinois. \ 

I, O. M. Hatch, Secretary of State of the State of Illinois, hereby 
certify that I have carefully examined the files of my ofiice, and that 1 
am unable to find that the Legislature of this State ever passed any 
law or resolution, accepting the work done upon the National road by 
the United States within this State, in lieu of the two per cent, fund, 
which said State was to have expended under the direction of Congress, 
in making roads leading thereto, under and by virtue of the sixth sec- 
tion of the act providing for her admission into the Union. I further 
certify that I cannot find any act or resolution 23assed by the Legisla- 
ture of said State, declaring all, or any part, of what is or may be 



Ill 

claimed to be a part of said National road, lying within the limits of 
said State, a State road. 

In testimony whereof I hereunto subscribe my name and affix the 
[ L. s] great seal of State, at the city of Springtield, this 22d 
day of January, A. D. 1864. 

O. M. HATCH, Secretary of State. 

Washington, D. C, Felruary 15, 1864:, 
To His Excellency, A. Lincoln, 

President of the United States: 

Sir — It is now more than one year since I commenced, under your 
administration, the prosecution of the claim of Illinois against the Uni- 
ted States for the two per cent, fund, and more than half of that time 
I have spent in Washington. Whatever of energy or zeal I had has 
been unceasingly bestowed upon the case of the State, and no one 
moment which I could turn to account, or supposed I could, has been 
wasted, but all the which I have urged and implored the executive 
officers for action. The whole business could and should have been 
disposed of in three weeks. But delay has followed delay, and the 
State has been baffled at every possible point. Each succeeding subor- 
dinate functionary into whose hands the case has fallen, except the 
Land Commissioner, and it has been compelled to run a long and terri- 
ble gauntlet, has thrown his arm affectionately around its neck and held 
it to his embrace as long as possible, and while apparently caressing it 
with kindness, has adroitly endeavored to stop its breath with his hand. 
If it is to be strangled by those whose duty it is to give it a fair legal 
hearing and prompt decision, as is now generally believed by the citi- 
zens of the State who are here, it is due to her and to fairness that it 
should be done at once. Anything is better than undue suspense. 

The State has another remedy which she cannot avail herself of until 
that provided in the Executive Department shall have been entirely 
exhausted, and in her name and on her behalf I protest, as her duly 
appointed representative, against her sustaining further injury and loss 
by the non- action of government officials. Already that loss has been 
great, and justice to her forbids that I should longer delay to remon- 
strate, respectfully but earnestly, against its further augmentation. A 
little more delay will carry her case over another year if she is forced 
to seek for justice outside of executive authority. Shall she be thus 
treated ? 

I have all along insisted and believed that your Excellency would 
order the execution of the laws. I believe so still, and shall continue 
so to believe until it is otherwise made manifest. 

If Congress did not, by the passage of the act of 1857, for the settle- 
ment of certain accounts between the United States and the State of 
Mississippi and other states, re-enact theiifth section of the act approved 
March 1, 1857, to enable the people of the western part of the Missis- 
sippi Territory to form a constitulion and State government, which sets 
apart and invests the right in that State of the five per cent, arising 
from the sales of the public lands, and other acts, subsequently passed, 
connected therewith, for the payment of three and two parts of it, and 



112 

direct a similar payment of five per cent, to the other states, of which 
Illinois is one, it would be impossible to find legislative language which 
could do it. 
With respect and consideration, I remain your obedient servant, 

I. K MORRIS. 

Can I be permitted to see the opinion of the Attorney General after 
its rendition and before final action thereon ? I should like to do so. 

M. 

Finally, after long and anxious delay, the opinion of Attorney Gen- 
eral Bates was rendered. Through what channel it found its way to 
the Interior Department I never could learn. Although I had inquired 
for it at the General Land Office until I had become literally ashamed 
of asking, the first I knew about it, it was in the hands of the Interior 
Secretary, and had been acted on by him, though his action does not 
appear of record, in the face of the decision itself which declares the 
secretary had no jurisdiction over the question. The Commissioner of the 
General Land Ofiice, following the ruling of the Interior Secretary, at 
once acted in the premises, and if I had reason to complain before of the 
non-action of government ofiicials, I certainly had no cause to make any 
such complaint after the case got back from the Attorney General's 
olfice into the Interior Department. Instant dispatch was used in dis- 
posing of it in my absence and without my knowledge, and it looks 
very much as if there was design in the mode of proceeding. If such 
was the case it will avail nothing in the end. 

The following correspondence at once transpired, subsequent to which 
I obtained a copy of the account, as stated, a copy of the opinion of the 
Attorney General, etc: 

Washington City, Marcli 30, 1864. 
Honorable Commissioner of the General Land Office : 

Sir — I nnderstood, for the first time to-day, upon inquiry made of 
your chief clerk, Hon. Joseph Wilson, that some action had been taken 
in your ofiice in regard to stating an account with the Slate of Illinois, 
of the two per cent, claimed to be due her from the proceeds of the 
public lands sold within her limits. Will you therefore be kind enough 
to furnish me, at as early a period as possible — 

1. With a copy of the account, stated. 

2. With a copy of the order upon which it was stated. 

3. Information showing to whom the account, when stated, was 
delivered, and whether his Excellency, the President, made any order 
in the premises, and if so, what it is. 

I desire this information to enable me to determine what course to 
adopt in the future. Permit me, however, to say that had I known, 
when the case of the State was returned to your office, I should have 
asked, in behalf of myself and associate counsel to be heard upon it, 
before it was finally disposed of, or the mode or manner of stating the 
account. This poor privilege was denied, not, I am satisfied, through 



113 

any design or agency of yours. Was the account stated in accordance 
with the ruling of your office, or that of the Interior Department? 
Your friend and obedient servant, 

I. K MOKRIS, 
Agent and Attorney for Illinois. 

General Land Office, Ajpril 1, 1864. 
Hon. I. N. Morris, Agent for Illinois^ Present. 

Sir — In reference to the subject of your note of the 30th ultimo, 
yesterda}^, received, I have to inform you that the statement of the 
account in regard to the Illinois reserved two per cent, fund has not yet 
been consummated. When completed and linally acted upon, you 
shall be furnished witli the desired copy of the statement in question, 
or of any papers on our files in the premises you may deem necessary. 
Yery respectfully, your obedient servant, 

J. M. EDMUNDS, Commissioner. 

The Attorney General's opinion is as follows, and I ask for it a care- 
ful reading, being satisfied it has not injured but strengthened the claim 
of the State. 

Attorney General's Office, March 8, 1864. 
To THE President : 

Sir — I beg to be excused for the long delay which has happened in 
answering upon the matter which you referred to me, some time in Jan- 
uary last, touching the claim of the State of Illinois against the United 
States, on account of the two per cent, fund, so called. I lost several 
weeks by sickness, and then business, both in the office and in the 
Supreme Court, which would not brook delay, compelled me to post- 
pone the consideration of this matter until now. 

The memorandum which you sent me does not, specifically, state the 
questions or points of law upon which you require my opinion. But, 
judging from a careful examination of your memorandum, and some of 
the papers which accompanied it, I suppose the questions intended for 
my consideration may be fairly stated in the following form : 

Under the acts of March 2, 1855, and March 3, 1857, " the State of 
Illinois has applied to have the Commissioner of the General Land 
Office state an account between the United States and said State, and to 
have allowed and paid over to said State such amount as shall thus be 
found due. The Secretary of the Interior, to whose Department the 
General Land Office and the Commissioner thereof pertain, takes cog- 
nizance of the case, and disallows the claim of the State to have either 
payment or accounting. From this decision of the Secretary of the In- 
terior, the State appeals to you, as President of the United States," and 
asks you to do, as President, what the statutes require to be done, by 
the Commissioner of the General Land Office. And so the question is — 
Has the State of Illinois any legal right to take such appeal, and there- 
by impose upon the President the legal duty to do what the law plainly 
requires to be done by the Commissioner, i. e., to state the account, etc. > 
—12 



lU 

1 am clearly of the opinion that no such appeal lies. The President 
is not the accountant general of the nation — is not an auditor or comp- 
troller of accounts. 

Tlie act of March 3d, 1857, section 2, II Stat., 200, declares "That 
the said Commissioner shall also state an account between the United 
States and each of the other states, upon the same principles, and shall 
allow and pay," etc. By the terms of this act no powers are granted to, 
nor duties imposed upon, cither the President or the Secretary of the 
Interior, but only to and upon the Commissioner of the General Land 
Office. And is it now to be denied that Congress has power to distri- 
bute the ministerial functions of government among the functionaries of 
its own creation ? The practice is coeval with the government, and is 
in actual exercise every day. In fact the contrary theory is simply im- 
possible, in practice, for neither the President nor any head of a Depart- 
ment could, by any degree of laborious industry, revise and correct all 
the acts of all his subordinates. And if he could, as the law now stands 
it would be as illegal as unwise. 

Although the President cannot be substituted for all his subordinates, 
and required to do all tlieir work, in any contingency, yet, doubtless, in 
one sense, he has a general oversight of all the officers of the govern- 
ment. For, by the constitution, it is his duty to " take care that the 
laws be faithfully executed." And, in the discharge of that duty, he 
will of course act according to the subject-matter and the nature of each 
case before him. If the party who will not execute the law be a Judge, 
the President cannot perform his judicial duties. All he can do is to 
give the proper information to the House of Representatives, who may, 
if it think proper, apply the remedy of impeachment. But if the ofi'en- 
der be a ministerial othcer, civil or military, the remedy is in the Presi- 
dent's own hand, and of easy application. He has nothing to do but 
turn him out and till his place with another man. 

Under the act of 1857, it is the plain duty of the Commissioner of the 
General Land Office to state the account. I think he ought to be re- 
quired to do it, for no one else, (not the Secretary of the Interior nor the 
President,) can do it for him. 

It is no objection to stating the account, that the Commissioner thinks 
there is no balaiLice in favor of the claimant, for if that be so, the fact 
will appear all the plainer when the account is stated. I forbear all 
further argument and content myself with referring you to numerous 
opinions of my predecessors, (as collated below,) by which the doctrines 
I advance are fully settled for tJds office. 

The question of the President's power to interfere with the action of 
the accounting officers in the settlement of accounts, repeatedly came 
before Attorney General Wirt, and he held that the duty imposed upon 
the President to take care that the laws be faithfully executed, placed 
the officers engaged in the execution of the laws under his general 
superintendence, and required him to see that they did their duty faith- 
fully, and, on their failure, to cause them to be displaced, prosecuted or 
impeached, according ta the nature of the case. But it did not mean 
that he should execute the laws in person, which would be absurd and 
impossible ; that where the laws require a particular officer by name to 
perform a duty, not only must he perform it, but no other officer can 



115 

lawfully do so, and were the Presideut to peiforin it, so far from taking 
care that the laws were faithfully executed, he would be violatin^^ theni 
himself; and he held that the President had no pov/er to interfere with 
the accounting officers so long as they performed their duties faithfully. 
(1 Op. At. Gen., 624 ; ibid 63 C. ; ibid 678 ; ibid 706.) 

Although Attorney General Taney, in Thorp's case, (2 Opinions 463,) 
seemed to think that w^here a claim had been rejected by the accounting 
officers, and their decision confirmed by the Secretary of War, an appeal 
might lie to the President, it is clear that such was not his well consid- 
ered opinion. For in Grice's case, (2 Op., 481,) where the claim was 
rejected by the accounting officers, he declared that no appeal would lie 
from their decision to the President. And, in General Taylor's case, 
(2 Op., 507,) where the President was asked to dismiss a suit on the 
ground that the accounting ofiicers had not allowed certain credits, At- 
torney General Taney advised him that the law contemplated no appeal 
to the President, and that he did not possess the power to examine into 
the correctness of the accounts to repair errors that the accounting offi- 
cers appointed by law might have committed. Again, in Ilogan's case, 
wdiere the President was asked to order the allowance of certain claims 
against the United States, which the accounting officers had rejected. 
Attorney General Taney advised him that such an appeal would not lie 
to him, and that he could not legally interfere. These three cases un- 
doubtedly express the authoritative opinion of that distinguished officer 
on this question. 

To the same effect is the opinion of Attorney General Crittenden, in 
Pratt's case, (not printed,) and his elaborate opinion in 5 Op., 636, 
wherein he reviews the precedents, and reaches the conclusion that the 
President has no authority to interfere in the settlement of accounts on 
appeal to him. 

In this opinion Mr. Crittenden also maintains, w^ith great ability and 
learning, the rightful authority of the heads of departments to interfere 
'•'■ a priori or a posteriori'''' in the settlement of accounts of their respec- 
tive departments, and this principle has been accepted by nearly all his 
successors, and may now be regarded as settled. It results, therefore, 
that a power of interference wnth the accounting officers exists in the 
heads of departments, which is not conceded to exist in the President. 
Although Attorney General Gushing calls this an " anomaly of rela- 
tion," (6 Op., 343,) it is conceived that good reasons exist for the dis- 
tinction. The rule which has thus forbidden the President's inter- 
ference in the settlement of accounts by the accounting officers, has also 
been applied to other cases. Where an appeal was taken from the de- 
cision of the Secretary of War, approving the action of the Commis- 
sioner of Pensions, in disallowing a claim for an increase of pension, 
Attorney General Mason advised the President against entertaining the 
appeal, and, after citing the opinions of Messrs. Wirt and Taney, said 
that the President could not adequately perform his high constitutional 
duties if he were to undertake to review the decisions of subordinates 
on the weight or effect of evidence in cases appropriately belonging to 
them. 

Where the state of Iowa claimed certain lands, under a grant by Con- 
gress, and a question arose as to the extent of the grant, and the proper 



116 



ofhcers differed on that question, the President was asked to decide the 
question, bu Attorney General Crittenden advised him that tlie act of 
Congress did not provide for or appear to intend anv interposition by 
he I resident, and that his interference with the performance of the pal 
ticular duties assigned by law to subordinate oflicers, either to cor -ect 
errors or supply omissions would, in the general, be exceedingly iniu- 
dicious, It at_ all warrantable, and would, moreover, involve him in 'an 
endless and mvidious task, occupying his whole attention, and leaving 
no time for higher duties. He gave the same opinion where the Presi^ 
dent was invoked to interfere on behalf of certain parties for the decision 
and settlement of questions arising out of a contract and purchase of 
lands made by them from the Seneca Indians, (5 Op 275 ) 

In conclusion I adopt the language of the Supreme Court of the 
United States, 1 How., 297,) as an accurate and authoritative statement 
of the law on the subject. " The President's duty, in general, requ res 
his superintendence of the administration ; yet this duty cannot riqnire 
ot him to become the administrative officer of every department and 
bureau, or to perform in person the numerous details incident to services 
which, nevertheless, he is, in a correct sense, by the constitution and 
laws required and expected to perform. This cannot be, first, because 
If It were practicable, it would be to absorb the duties and responsibili- 
ties of the various departments of the government in the personal action 
of the one chief executive ofhcer. It cannot be, for the stronger reason 
that It IS impracticable, nay, impossible." 

I am, Sir, very respectfullj^, 

Your obedient servant, 
EDWARD BATES, 

Attorney General. 

REMARKS ON THE OPINION OF THE ATTORNEY GENERAL. 

After quoting what I suppose is the language of the President's 
memorandum, accompanying the papers transmitted bv him to the At- 

QTf^i^u-^'^^'^^'^\''®f^^'^y'- "^"^^ «^ ^^e quesHon is, has the 
State of Hhnois any egal right to take such appeal, and tliereby impose 
upon the President the legal duty to do what the law plainly requires 
to be done by the Commissioner, L e , to, state the account, &c I am 
clearly of the opinion that no such appeal lies. The President is not the 
accountant general of the nation— is not an auditor or comptroller of 
accounts. ' ^ 

The learned Attorney General mistates the case, doubtless uninten- 
tionally, and then draws a conclusion from the erroneous premises I 
never pretended, nor do I know of its ever being pretended, by any 
one, that he President was "Accountant General" of the nation, or an 
Auditor,' or a Comptroller, or that he was bound to make up, or per- 
sonally superintend making up, the accounts of such officers. Because 
he is not bound to do this, the learned Attorney General assumes the 
ground hat no appeal hes, in the case of Illinois, to the President. 
What I have affirmed, and what is the settled ruling of the Attorney 
General s office is this, that while it is wholly impracticable, nay, impos- 
sible, for the President to execute, in person, all the laws, it is never- 



117 

tbeless, his solemn duty, enjoined by his oath of office, "to take care 
they are executed." In cases where it is made known to him that his 
subordinates have not executed them, he is to see that they do it, and if 
they fail upon direction to do it, it is his duty to turn them out, and ap- 
point others who will execute them. In every case where he has the 
right to appoint and remove an officer at will, he is responsible for his 
conduct, and the officer is amenable to him for every dereliction of 
duty, and what can be a more serious one than failing to execute the 
laws. In cases where the tenure of the office is fixed by the constitu- 
tution, such, for instance, as that of a supreme judgeship, the President 
is not responsible for the manner in which the incumbent performs his 
duty, for the reason he has no power over him. Such functionary be- 
longs to a different and co-ordinate department of the government, and 
his case is not to be confounded with one, where an executive ministe- 
rial officer, who is but the convenience of the President, fails to discharge 
his duty. It will hardly be seriously insisted, I apprehend, by the 
learned Attorney General, that such an officer is above the power of the 
President to correct his errors and require the performance of his omis- 
sions of duty. What I have claimed is, that subordinate executive offi- 
cers have not executed the laws bearing upon the two per cent, road 
fund to the State, as the President has interpreted them, and that hence it 
is incumbent on him to see that they do it, for the reason that he is bound 
to "take care that the laws be faithfully executed," as HE understands 
them, and not as they may be interpreted by his inferiors or clerks. Some- 
how or other there seems to be a strange propensity in some of the de- 
partments at Washington, to make up false issues with the State, and 
then try her cause upon them. I put it to the learned Attorney General 
to say whether, if the President is satisfied that one of his subordinate 
officers has not executed ([ will state the case direct) the laws requiring 
the payment to Illinois of the sum she claims, it is not his constitutional 
duty to direct those laws to be fulfilled. To attempt to relieve him from 
that duty by a mere dash of the pen, that he is not "Accountant Gener- 
al" of the nation, or an "Auditor," or "Comptroller," is hardly worthy 
of the great reputation of the learned Attorney General. I fear that if 
his legal fame should rest upon the assumption that, because the Presi- 
dent is neither of these things, he is not therefore bound "to take care 
that the laws are executed," it would soon disappear from among the 
illustrious expounders of constitutional law. 

The very authorities which the learned Attorney General himself 
cites, are against him. They sustain the real, and are irrelevant to his 
hypothetical case. Instance the quotation at the conclusion of his opin- 
ions, from the decision of the supreme court of the United States, (1 
How., 297,) wherein the court say, "The President's duty, in general, re-- 
quires his superintendence of the administration ; yet this duty cannot 
require of him to become the administrative officer of every department 
and bureau, or to perform, in person, the numerous details incident to 
services, which, nevertheless, he is, in a correct sense, by the constitu- - 
tion and laws required and expected to perform." 

The doctrine here laid down by the court is undoubtedly correct. It 
is that in a "correct sense" the President is required by the '''■constitu- 
tion and^aW to become the administrative officer of every department 



118 

and bureau, 3'et it is impossible for him to perform, in person, the nu- 
merous details incident to services which are required of liim. The em- 
ployment of others is a matter of convenience, and to facilitate the dis- 
charge of public business and does not and cannot divest the President 
of any part of his attribute of executiv-e power and responsibility. I 
have never asked the President to state in person, the account of IlHnois, 
but I have asked him to see that the laws were executed. I have asked 
him to direct his subordinates to execute them, if he is made conscious 
that an account has been wrongfully stated, it is plain that that is no 
legal statement of it, and consequently no statement. To state an ac- 
count is to comply with the law. A wrongful statement is no state- 
ment. 

The supreme court say, in their opinion quoted from by the learned 
Attorney General, "the President's duty, in general, requires his super- 
intendence of the administration." 

What does this mean but that he is requii'ed to see that his subordi- 
nates properly execute the laws. This is all the State has ever asked of 
him, and all she desires him to do. 

The learned Attorney General, in his opinion, lays down the true 
ground. 1 should have had no cause to complain of his action if he had 
let the case of the State alone as I presented it, and as it is, and not 
changed it so as to place it in juxtaposition with his doctrine. He ad- 
mits, while insisting properly enough, that the President cannot be sub- 
stituted for all his subordinates and required to do all their work, that 
he has, "in one sense, a general oversight of all the officers of the gov- 
ernment, and that it his duty to turn out a ministerial officer who fails 
to execute the laws, and put one in his place who will execute them.." 

If the President believes that the laws relating to the payment of the 
two per cent, to Illinois have been executed, all he has to do is to say 
so. But it appears he does not believe it. His- opinion of them is 
so clear that he did not even refer to the learned Attorney General, the 
question of their exposition — only the one of jurisdiction. Had he not 
been entirely satisfied on the point of construction, he undoubtedly 
would have called for the opinion of the learned Attorney General upon 
it. The Interior Department never asked for it, or manifested a will- 
ingness to risk the case upon it. Occupying the position of a suitor, I 
had no right to call for it. Only the government could demand or re- 
quire it, and that appears to have preferred the opinion of subordinates 
on the merits of the question. 

But I will not, in this report, enlarge the argument in support of the 
views I have here expressed. They have heretofore been sustained by 
citations to judicial decisions and the opinions of Attorney General's, 
too numerous and overwhelming to be overthrown. To evade the real 
issue is to yield the question of right to the State. 

There is one additional argument, however, used by the learned At- 
torney General, to show that the State had no right to carry her cause to 
the President, which it is, perhaps, my duty to notice briefly. He as- 
sumes that because the act of Congress, approved March 3d, 1857, enti- 
tled, "An act to settle certain accounts between the United States and 
the State of Mississippi and other States," is directory to the Land Com- 
3iiissioner, that, therefore, it is no concern of the President to see that it 



119 

is executed And yet the learned Attorney General says, in his opinion, 
"Under the act of 1857, it is the plain duty of the Commissioner ot the 
General Land Office to state the account. I think he ought to be re- 
quired to state it." ,...-. i. .i t> ^• 

Kenuired by whom ? Who could require him to state it but the Presi- 
dent and if he conld require him to state the account, could he not re- 
quire him to state it correctly ? If he has jurisdiction over the question 
at all, he has it over all, and not over a part of it. Some laws the 1 resi- 
dent is required to execute in person, others are directed to hi8 suboroi- 
nates The latter claPS he is required to see executed. Ihe doctrine 
has lonff been settled by the very highest authorities, (see Attorney 
General's opinions,) that a law imposing a duty on a ministerial officer 
imposes a duty on the President to see that he pertorms it. ihe Presi- 
dent could Mot, if he would, escape from the obligation. 

It will be seen by an examination of the learned Attorney General s 
opinion, that he has decided two important points m lavor ot the btate 
and sustained the views I have uniformly expressed upoii^ them and 
overruled those expressed by the Interior Secretary and the i.and Com- 
missioner. I refer to his ruHng that the act of 1857 embraces the per 
cent, on the public lands as well as the per cent, on the Indian reserva- 
tions, and requiring the Commissioner to state the account ol Illinois on 
both. He also decides that the Interior Secretary has nothing to do 

with the case. j xi <. • i in 

But one other question remains undisposed ol, and that is how siia.i 
that account be stated ? The following is a copy of the statement ot it, 
made out in the General Land Office, under the supervision of the In^ 
terior Secretary, and the question is, is it in compliance with the law? 
I have, in my previous reports, so fully argued this point that it is be- 
Ueved to be wholly unnecessary to say but a word or so j^pon it now, 
especially in view'of the fact that I shall soon discuss it fully bctore the 
First Comptroller of the Treasury. n, . m x 

There is no pretense that the acts passed for the benefit of Alabama 
and Mississippi, which will be found in my original report pages b and 
7 contemplated that any offset should be used or charged against the 
accounts required to be stated, other than the actual payments, in 
money, before that time made. This is not only apparent trom the 
lancruao-e of the acts themselves, but the conclusion is placed beyond all 
douTjt whon it is recollected there were no other kind ot oltsets to apply. 
The acts simply provided that the two and three per cent, accounts ot 
Alabama and Mississippi should be restated, and if anypart ot either, 
upon such restatement, remained unpaid, it should be paid, and hve per 
cent, on the Indian reservations included therein. It seems to me that 
nothing can be plainer. Alabama and Mississippi wanted just tiiat 
legislation and nothing more. They wanted and asked for the live 
per cent, on the Indian reservations within their respective limits and 
whatever remained unpaid of the live per cent, arising froni the sales ot 
the public lands. They were not contemplating, nor was Congress, ex- 
penditures on the Cumberland road at the time said laws were passed, 
and there is no man at all acquainted with the history and character of 
the legislation, silly enough to believe it. The accounts are required to 
be stated " for the purpose of ascertaining what sum or sums ot money 



120 



United States and each ot the nthp. .ZT ^ ^^^ account between the 

that is, in the same wtj, node or'^an fer'"^^^^^^ "" i P^^^^P^^^'" 
state the amount that shall thL L fonnd '^nf f.^^^^.^^d pay to each 
permanent reservations at $ 125 pertre '' Tftf "^"'^^^ '"^ ^''^"^^ ^"^ 
due" was not to be "allowed anrpaS''whpi?f ^"'""^ " ^'^^^^^ 

ing the account to be stated, unless ?h " od'rstate: '' Te^f t^o f "l'^"^^; 
Tipon an equal footing with Alabama and MilSpJ .n W^' ^^^''^ 
prmciple of payment waq fn Kn ^Ko^ w ^'^^^^f ^ippi and the same 

observed tow'a?drtfore staL Ve S J"'™^'^' "''^'" •'^'" ^''^ '" ''« 
March 3d, 1857, is without oWeot.n^^^^^^ "''.'''™ "^ *e act of 

Cu^heriand road J^^TZtXt VSeltle^tS^^^^^^^^^^ 

Hon T AT Tir , General Land Office, April 2, 1S64 

Hon I. K MoHKis, ^^...^ «n^ Mfyfor Illinois, Present: 

^^^l^^V^^^l^, "^.i:^;^ >-- of the 

tM. which ,ou m^Li^;:^^ ^^^S^X^^;^^^^ ^ 

Very respectfully, your obedient servant 

J. M. EDMUNDS, 

[ Report ]^o. 1Y,984. ] 

Department of the Interior, 

General Land Offce, March 17, 1864 

the provisions of tbp n^f r.f n^^ A^ec^emuei ^^ist, ibbO, m view of 

act Approved 3? Ma^^cr 1857 '?^^^^^^ ^P^^^ 1^' 1818, of the 

United States and tKate of mLo---'^"^^^^ ^""^^^^^ between the 
follows, v^^ '*^^' ^^ Mississippi and other states," and find as 



121 



That two per cent, on the net proceeds, viz : $23,705,981 66 of sales 
of thfpubYc lands within said' State, during the penod^^a^o^-^^^^^ 



amounts to . 



That two per cent, upon the aggregate ot 11,751 59-100 
acres of Indian reserves, amounting to $^2 1 Jo 24, val- 
ued at $1,25 per acre, under said act of 18d7, amounts to 1,013^ 

$175,163 55 

This sum, $175,163 55, by the express tenns of the 3d 
stipulation in the 5th section of the Illmois Enabling Act 
of April 18, 1818, being reserved to be disbursed under 
the direction of Congress," in "making roads leading to 

^ I afso"find that the said two per cent, fund stands 
chargeable in this connection on account of the construc- 
tion of the Cumberland road, under the acts of olst May, 
1830, 2d March, 1831, 3d July, 1832, ^^i March, 1833 
21th'june, 1831 2d July, 1836, 2d March, 1837, and 25th 
May, 1838, (U. S. S., Vol. 1, pages 127, 169 557, 619, 
680 Vol. 5, pages 71, 195, and 228,) and accordmg to the 
official certificate A, herewith, bearing date March 15th, 
1861, from the acting Register of the Treasury, m the ^^^^^^^^ ^^ 

Showing'not only that 'there is no balance due by the 

United States, on account of said fund, but that, on the ^^^ ^^ 

other hand, the sum of r ' ' V'r^ /» *" ' 

has been expended " under the direction ot Congress 

on this account, in excess of the aforesaid reserved *^«-IJ^^^7^ 
per cent, fund of ' " ' 

[There have been no net proceeds since January 1st, 1861, the inci. 
dental expenses and repayments having been largely m excess of the 

^^l^l;prstm\he foregoing, and the certificate f fe acting Eeg^^ 
ter of the Treasury, which is respectfully submitted to the First Comp- 
troller of the Treasury for his action and decision thereon. 

J. M. EDMUNDS, Commissioner. 

Hon. R. W. Tatlob, First Compt. of the Treasury. 

[A.] 

Statement, showing the payments and repayments on account of the 
construction of the Cumberland road, in the State ot lUmois : 



(( 



1832::: ^i^i^i 



00 

lis:::::::::::::::.^: f/'lf. 

« 1831 hl.lZ'i 03 

i835:: 109,000 00 



122 



Payments in 1 836 42 231 97 

1837 *.;;'. 58'452 QQ 

1838 81,000 00 

1839 128,520 00 

1810 99 027 31 



$716,000 00 



Repayments in 1812 $1,700 00 

3815 1,120 01 

6,120 01 

$739,879 99 

rr ^ ^- SOLGER, Aciing Reqisier. 

lEEAsuRY Department, 

Register's Office, Marcli 15fh, 1861. 

The Land Commissioner says, in the foregoing account, "I also find 
that the said two per cent, stands chargeable in this connection, on ac- 
count ot the construction of the Cumberland road, under the acts of the 
^Ist ot May, 1830, 2nd of March, 1831, etc, and according to the offi- 
cial certiiicate 'A,' herewith, bearing date March 15, 1861, from the 
acting Register in the Treasury, in the sum of $V39,879 99." This 
tindmg IS not upon any claim or offset existing in his office, the Com- 
missioner informs us, but is based upon the " official certificate " of the 
acting Register m the treasury. Denying the right of the Interior De- 
partment to act officially on any matter m the Treasury Department, 
and properly under its control and disposal, let me ask, without discuss- 
mj^ the question of jurisdiction, if the statement of the acting Register 
reterred to, bears out and justifies the Commissioner in makin? the 
charge he did against the State. The Commissioner informs us thlt he 
macle that charge "according" (to use his own word) to that certificate. 
IN ow, what IS that certificate ? The caption of it reads as follows : 
btatement showing the payments and repayments on account of the 
construction of the Cumberland road, in the State of Illinois." 

J/iere ts not a word in the certificate slwwing that a single dollar of 
the amount expended on the Cumberland road, loithin the limits of llti- 
nou, has ever been charged against the two per cent, fund due the State 
for road purposes ; and yet the Interior Department assumes the 
responsibility, without authority of law, and by encroaching upon the 
rights ot the Treasury Department, to direct the charge to be made ! 
All there is m the statement of the acting Register is the amount of 
expenditures on the Cumberland road for a period of ten years, within 
the limits of Illinois, based upon reports of engineers filed'in the Treas- 
ury Department, or rather, stowed away there. This information I 
have had in my possession since 1857, when I commenced the prosecu- 
tion of the claim of the State; and I am, I believe, familiar with its 
bearing thereon, as I have had occasion to discuss the matter pretty 
fully heretofore— not for the reason it had any legal connection with the 
demand, for it has never been so treated in the 'Treasury Department, 



123 



hilt because the Interior Secretary was indicating a purpose torely 
Bpon it a a di^^nier resort against the State, when he should be driven 
a? he w!as by the opinion Sf the Attorney General, from his other 

^'understanding the ntter fallacy of the pretended oflset against the 
o^S:.SL St4, and desirin. to bring out fS^^^^^^^:^ 
the following resolution, which I handed to the Hon. Wni 1.. ^^'^'^^^S'^"' 
who iiirod.rced it into and procured its passage through the House ot 
llepresentativcs : 

^^Besolved, That the Secretary of the Treasury be, and he herel^^ is 
requested to furnish to this House, at as early a day as possible, mfoi- 

"f "ThHrnfi^^t received into the Treasury of the United States of 
the two per cent, fund arising from the net Pl^ceeds ot the sales of 
public lands made in the State of Illinois since J^^l^^^TlBt, 1819, and 
S^served in her enabling act for road purposes-g.vmg the ^I'^^es trom 
time to tinie when it v^^s so received, and the respective amounts of 

''f ^^hSller^n^i^^ ^id in the Treasury Department against 
8ai*;i fund or any o fsets^exist against it there ; and if so, when and how 
dTd «a d to or were^aid offsets made, and upon what basis 

stating A'tifularly the amounts and dates of said ^^^f^ 
and the respective times, mode or manner m which said tN^opei cent, 
fund i^s expended, and where, if at all, and the evidence ot such ex- 
penditure, and the authority for it." 

SECRETAKY CHASe's EEPOET. 

Tkeastjry Department, Ifay 6, 1864. 

Sir • I have the honor to acknowledge the receipt of a resolution of 
the House of Eepreseutatives, under date of the ^^d instan reqnes.^^^ 
me to furnish information showing the amount received into the iiea. 
ury of the two per cent, fund arising from the Bet proceeds of th sal s 
of the public lands in ininois since January ], 1819, and icseneam 
hei emSingact for road purposes; and whe^ier anything, is charged 
in this department against said fund, or any offsets exist against i . 

The resohiti^n waf referred to the Kegister of the Treasury, who re- 
ports tiat the books of his office do not show any payment made into 
The Treasury on account of the fund above refeijed to «^«ce January 1, 
1819 He s^u^^ests that the records of the Land Ofhce would probably 
show all the facts to which the resolution refers. 

I am, very respectfully, ^^ ^ ^^^^^^ 

Seeretanj oj the Treasury. 

Hon. Schuyler Coleax, 

Speaker of the House of Eepresentatives. 



124 



Hon. S. P. Case, Washikgto.v, Jf«y _ 1S61. 

SecretiU'y of the Treaswy: 

totVlllTJvT'^ '''' the two per cent, fund of Illinois, transmitted 
to tiie lion.e ot Ivepresentatives m response to its resolution of the 2nd 
n.t., IS betoreme. It jou will carefully re-examine the subject, I think 
ou will come to tl.e conclusion that you have not fullv compl cd v h 
the request the House made. The books of the TreAsurv must cer- 
.old in rh ri^', '■^^^;.^^^^,]^^^^\" ^^"^^ ^^'^\^^^"^ts received from the public lands 
M^>ld m the btate ot Illinois since January 1, ISIO, and paid into vour 
JJcpartment trom time to time. Two per cent, upon those amountsViU 
be the amount ot the road tund to which said State is entitled. The 
i.egister ot the Ireiisurj must therefore be mistaken when he states the 
Dooks ot Jus othce do not show any payment made into the Treasury ou 
account o said tund. The second part of the resolution you have made 
no reply to. It is in these words: "AVhether anything' is char. ed in 
It Ireasury Department against said fund, or any otisets exist a-ainst 
t there and it so, when and how did said otisets Jr charges occu?, and 
Avere the same made, and upon what basis-stating particularly the 
amounts and dates of said charges or otJsets, and thS ripectve times 
or manner in which said two per cent, fund was expended, and wh^-e 
It at all, and the evidence ot such expenditure, and the authority for it " 
^ I hope, sir, you will oblige the State of Illinois, and mvselt; by fur- 
mshmg to the House, as soon as possible, an additional and fuller report 
u the subject I am apprised of the nature and character of the infor- 
mation which the Land Department can furnish. 
Yery respectfully, 

WAI. 11 MOERISOK 

Tkeasukv Department, Jime 2, 1S64 
Sir : I liaye received your letter of the 23rd nit., asking tor further 
inlormation than Hiat contained in my letter of May 6th. !n reply to ' 

Ji^rnln'V* ^^' ■^'''''^^" Kepresentntivesof May 2, inquiring in re- 
gard to 'nhe aMioiint received into the treasury of the United State, of 

nnll I'l ^T ''''^; i""^V''^t"^- ^"'"^^"^ ^^''' "'^t proceeds of the s-iles of the 
pub he lands made in the State of Illinois, since January 1, 1S19 " 
The books ot the Kegister of the Treasury do, as you suggest, show 

the State ot Illinois since January 1, 1819. A table is herewith traii.- 
mi ted, showing the receipts for each year, up to the present tini . ^ 
ISlb. The books the Department do not, however, show anything 

L ?r\t^' '^''\' *^"^^/^^^^^^^^ ^^^'^^"-^^^^ to in the resolution, either ^ 
the Nvay ot receipts, or ot charges or offsets ao-ainst it. 
I am, very respectfully, 

S. P. CHASE, 

Hon. Wm. R. Mokkison, ^'''^''^ '^' '^ ^^''''''''^- 

Htmse of I^cj}rtStntaUves. 



125 



Statement of Moneys received into the Treasury of the United States 
from the sale of Public Lands tn the State of llhnois. 



Amount received during fiscal year 1819. 

t( " " 1820. 

u •' " 1821. 

.. «' " 1822. 

.. » " 1823. 

.. " " IS-Zl 

4. " " 1825 

• 1 » " 1826 

•< «• " 1827 

.( «' " 1828 

•1 «* " 1829 

i( " " 1830 

<i «' " 1831 

a «' " 1832 

(I «' " 1833 

I. " " 1S34 



Total 



1299,461 58 

134,355 15 

75,595 19 

61,216 82 

47,600 34 

74,669 37 

50,784 49 

108,341 14 

50,717 52 

88,161 80 

198,609 72 

896,204 31 

375,260 27 

228,292 69 

374,138 51 

402,470 68 



:^:': 2,461,125 03 

^ ' 3,706,013 93 

1,075,239 73 
818,923 62 



1836.. 

1837.. 

1838.. 

1839.. 

1840., 

1841.. 

1842. 

1843. 

1844. 

1845. 

1846. 

1847. 

1848. 

1849. 

1850. 

1851. 

1852, 

1853. 

1854. 

1855. 

1856. 

1857. 

1858, 

1859 

1860 

1861 

1862 

1863 



1,457,955 90 
597,223 61 
326,722 20 
550,071 97 
258,463 49 
468,651 93 
530,982 98 
659,519 12 
546,929 03 
491,875 77 
268,446 49 
373,340 42 
368,414 32 
315,633 21 
719,722 16 
1,671,763 28 
962,065 88 
859,544 46 
856,169 26 
61,615 62 
7,960 53 
13,050 36 
11,432 29 
1,029 59 
3,047 28 



$22,897,813 04 



Treasury DErARTMEKT, Kegister's Office, 

June Ist, 1864. 

L. E. CHITTENDEN, Eegister. 

As early as September, 1863, Mr. Solger, the Acting Eegister in the 
Treasnry, ^furnished me with the following certiticate, which will be 
found published in my supplemental report : 



126 



TREASURY Department, Registek's Office, 
inr^,tnfj,r^'^^ that there is no aeco.mt on the books of his office 

iias uetu cieai.ea to saul btate on account of said fund nor 1im^ <T.n^o 
over been any amount charged against it in this office ' ' 

II. SOLGER, 

Acting liegider. 

After this superabundant evidence that there is nothino- charged in 
the Treasurv Department against the two per cent fnnr ot^fhf ilf v 
wdl appear incredible that he Interior DeDirtmonf.l.mli r ^ ^^^i' '^ 
forced construction to be put upon the sSr-tnf^ ^ 

accon.pan,ing the accounl macfe out ^^aS: W "' ''' '^'''''^ '''^''''' 

r^tJe ?s ^a^:^t;^!5-^:^.?:r ^^ ^^^^ '■' 't'' f 
surdity of the Interior Secretan-Cac^ion I ^]d -"^ ot showing the ab- 

supervision of the Interior^eUt.nenf ", 'd Sf ',7^''''' .""•^'='- *'^'' 
anee with its rnlinf; of the two nor cent 'tt^f- ff '[P "' <="'°P"- 
State of Illinois, nnder the act o tit third of t™h %^7 "'" 'V'"' 

.t, leaving a balance gainst the Statfof Vofi/^ fl li'^'f • ■'', '""'f '"^ 
affirmed she will becoinpelled to pay ''"^'K' *■*. ^vhich you have 

labored for'^e^^-s'toZmote iTeJinl'^t f ,™^,?'-'^N "-t after havin, 
Isnp.ose/o.t.ht'tcfr^^^^^^^^^^^ 

ment of her ananoial distress YoV, h, ■ 1 .1 p°^«.™™«!nt> at this mo- 
had not the facts would northereby be d aniet"tfnmf-''' 'fr K-^'"'' 
stood in the precise relation to the art rf fsw . t ^ "° ?"', ^'"■'■™'' 
that if she received the two per cent tl,ev^ "' ^1 ""''' ''»<="' ^°<" 
This bein» the case each ^ of con^„ ■ 7uTT *"!"''■"? «"*'"'^«i '» "• 
n.ent for tie snnTs expended on ZSv'of'' *°, t''? general Govern- 
ive limits, over and ab'ove the two per cm fi ndf -"^^ '^'']' '''P''"- 
lands. This will show an inXhFeX!! .? '™^"°S *''°'" tl"^ P"W'C 

United States of nea% two Sm ot'IlK^s tdS'ld' ^'"^- "* '^ 
one mdhon, and certainly your high se^:^:}]^ ^^l^^^^ 



127 



irapartiality will not allow you to claim the excess from Illinois and not 
from the other States named. It will be no excuse that those States 
(Ohio and Indiana) have not asked their accounts to be made out. 
Your duty, as a faithful and upright pubhc ofticer, requn-es you to make 
them out on the same jyrinciple you applied to Illinois in makin- up her 
nccount and in the event the sums not found due arc not paid on pre- 
sentation, which I presume will be the case with your own State at 
lea'^t von should institute suits for the recovery ot the several amounts. 
Illinois will meet such a suit in any couiM; you may select, and at any 
time that will suit your convenience, and I pledge her honor that she 
will file no technical pleas to your declaration, but meet he question on 
the broad ground of merit. Can you say that she has been thus dealt 

'''information found its way promtly, from your department, over the 
telegraphic wires, last August, when you decided the case ol Illinois 
ao-afnst her, that the decision applied equally to Ohio and Induina, your 
own State, and this was heralded as conclusive evidence ol the aston- 
Lhinc economy and watchfulness of the Interior Oflice over the public 
coffe?s, and convincing proof of your moral courage and unbiased judg- 
ment for if you had decided otherwise than you did, you cyould have 
benefited Indiana as well as Illinois. Now that the case being- altered 
I hope it will not alter the case, but that you will proceed against Indiana, 
make out her account, and collect it, as you propose to do with II mois. 
I feel quite sure you will not allow any leelmg ot State partiality or 
delicacy to induce you to pause in the discharge ol this high duty as a 
government functionary. 1 shall anticipate for you the most tavorablc 

'"''inasmuch, however, as the discovery would never have been made of 
the indebtedness ot Ohio, Indiana and llhnois to the General Govern- 
ment of a sum amounting in the aggregate to nearly three millions of 
dollars, but for my labors, would it be anything but air for the United 
States (pardon the suggestion) to pay me a reasonable fee therelor. i 
see no other way of making myself whole, and will leave the disposuion 
of the matter to the known liberality of your department, not being 
disposed to present a formal bill. . 

I am only astonished that while it is now claimed Illinois owes the 
United States so large a sum, you should have paid me, lor her ^l,ob5, 
so late as September last, on her Indian reservations. Ihat however, 
was, doubtless, an oversight, and you will, of course, include the amount 
in your account as paid by mistake. _ c, - t 

Bcincr profoundly grateful that, while I have injured my own State 1 
have at^'least been fortunate enough to add a claim, covermssuch a large 
sum to the National coffers; and believing also that your promptness m 
the discharge of vour official duties, of which I have had the most abun- 
dant evidence, will prompt you at once to collect the same, I congratu- 
late the country upon the auspicious event. . ^ ^ . . ^ ^, ^ , 

With the view that Congress may be apprised of the fact that such a 
laro-e amount is thus unexpectedly to come soon into the treasiuy, thereby 
lessening the necessity for raising revenue, and likewise with the view 
of conveying early information to Ohio, Indiana and Illinois of the re- 
spective sums they will be required to pay over to the United States, 1 



128 

shall publish a copy of this commnnication in advance of my report to 
the Governor of my State. 

"With great consideration, I remain, sir, 

Your obedient servant, 

I. N. MOREIS, 
Agent and Attorney for Illinois. 

P. S. You certainly will not insist that Indiana is equally entitled to 
the benefits of the act "of 1857 with Illinois, and she not be equally lia- 
ble with her to pay to the General Government the amount expended 
over it on the National road within her Kmits. You stood ready to take 
for your own State that fund if Illinois receiv^ed it, and I suppose are 
equally ready to make her pay back the overplus. 



I. N. MORRIS. 



THE PKESIDENT S VIEWS. 



The following is a copy of a note, addressed by the President to the 
Interior Secretary, at the time of transmitting to that officer the papers 
pertaining to the matter which I submitted to his Excellency on behalf 
of the State. While his Excellency expresses his own view of the law 
clearly, he very properly did not feel justified in giving an instruction 
to the Secretary, in advance, to adopt his construction. 

Hon. Interior Secretary : 

Illinois has again presented her claim for the two per cent, I do not 
think it very gracious in her to do so at this time of our National 
troubles. My opinion of the law has undergone no change. I think 
the law is with the State. 1 therefore desire you to take up the case 
and act upon it as you may think the law is. 

A. LINCOLN. 

letter of HON, P. B. FOUKE. 

"Washington City, Felruary 20, 1864. 

Dear Sir — In reply to your inquiry, I will state that I have examined 
your report on the two per cent, fund due from the United States to the 
State of Illinois, submitted to Governor Yates in April, 1863, and par- 
ticularly that part of it in which you refer, on the 20th and 21st pages, 
to an interview I had with the President, and what was said between 
us on the subject at that interview, held on the 23d of March, 1863, 
when I read to him your written statement, bearing date March 19, 
1863, and I fully indorse and sustain you in all the facts which you have 
presented. They transpired as you represent them. The President 
stated to me what you say he did, and left no doubt on my mind that 
Illinois was entitled to the money she claimed, according to his view of 
the laws relating thereto. 

I will also state that after my interview with the President, I had 
another with the Hon, John P, Usher, Secretary of the Interior, who 
treated me with great courtesy and kindness, which terminated by his 
leaving the impression on my mind that his view of the laws upon 
which are based the claim of Illinois, were the same as those which the 
President had expressed to me. 

Yours, very truly, P. B. FOUKE. 

Hon. I. N. Morris. 



129 

The same impression left by Judge Usher, the Interior Secretary, on 
the mind of Mr. Fonke, he left on my mind at more than one interview, 
and he has also left the same impression on the minds of others. There 
is no doubt that his le^^al opinion is that the law is with the State. 
Hence he threw the whole responsibility of resistinj^ the claim upon his 
assistant, while he stood in the back ground himself It is a most sig- 
nificant fact that no principal officer at Washington has been willing to 
stake his legal leputation on a decision against the State. Why did not 
the Interior Secretary meet the question himself, and not put his assist- 
ant between him and Illinois? The reason is obvious. 

One statement in my report referred to by Col. Fouke, in his letter, 
is as follows: 

"He, (meaning the President) also said to Col. Fouke that he had 
talked with Mr. Usher, his Secretary of the Interior, on the subject, and 
that his Secretary entertained precisely the same view of the laws upon 
which the claim of the State is based as he himself did, that he, the 
Secretary, had so said to him." 

PROTEST AND' PETITION FOE KE-HEAKING. 

Washington City, Ajyril 4, 1864. 
Hon. J. M. Edmunds, Corner Gen. Land Office: 

Sir — I have to-day received from you a copy of the statement of an 
account made out in your office, and subjected to tlie supervision of the 
Interior Department, of the two per cent, fund arising from the net 
proceeds of the sales of the public lands in the State of Illinois, claimed 
by me as the agent and attorney of said State to be due and payable to 
her under the provisions of an act approved March 8, 1857, providing 
for the settlement of certain accounts between the United States and 
the State of Mississippi and other states. 

You give the gross amount of said two per cent, fund at $475,163 55, 
and charge against it $739,879 99, on account of alledged expenditures 
on the Cumberland road — thus showing a balance against the State of 
$264,716 44. 

To the account thus stated, I avail myself of the immediate occasion 
of its receipt to enter, in the name of Illinois, her deliberate and solemn 
p^rotest, and to affirm and deny, in her behalf, that she is bound or con- 
cluded thereby, for the following among other reasons : 

Firstly — Because said account is not stated, as said act of 1857, 
requires, but in contravention thereof in this, that the said act requires 
the said two per cent, to be " stated, allowed and paid," and does not 
authorize or allow the said alledged expenditures on the National road 
to be charged against it or any off-set to be made on account of said 
expenditures on said road or otherwise ; and also in this, that said two 
per cent, was never expended, or any part thereof, by Congress, as trus- 
tee, in tiie mode or manner required by the conditions of the trust 
reposed by the State in that body by the terms of the compact between 
her and the general government. 

Secondly — Because said account does not give the dates, places or 
particulars, when, \vhere or how said fund was expended, sathat it can 

— lo 



130 

be determined with any accuracy that it was expended in conformity 
with the trust Congress Jield. 

Thirdly — Because said account, as stated, is vague and uncertain, 
oppressive and unjust to the State of Illinois, and wholly unauthorized 
by any law. 

Fourthly — Because said account was hurriedl}^ made up, without 
giving the State an opportunity to be heard on the rule or principle 
which should have been adopted and followed in stating it. 

All other exceptions to said account, as made up, are reserved by the 
State and excepted to. I. N. MORRIS, 

Agent and Attorney for Illinois. 

Genekal Land Office, Ajyril 4, 1864. 
Hon. I. N. JMokeis, Agent and Attorney for Illinois, Present: 

Sm — Your j^rotest of this date against the form adopted in stating 
the Illinois reserved two per cent, fund has been received and placed on 
file. Herewith I inclose a copy of any letter of this date to the First 
Comptroller, transmitting a copy of your letter for a re-heariiig. 
Yery respectfully, your obedient servant, 

J. M. EDMUNDS, Commissioner. 

Washington City, April 4, 18G4. 
Hon. James M. Edmunds, Commissioner General Latid Office: 

Sir — In behalf of the State of Illinois, I respectfully petition your 
Honor for a re-hearing in the matter of the application of said State for 
the payment of the two per cent, arising from the net proceeds of the 
sales of the public lands, made within her limits, since January 1, 1819, 
reserved to be expended by Congress, as trustee, in the compact 
between her and the general government, in the construction of roads 
leading to said State, the account of which has been stated in a manner 
unauthorized, as she claims, by law, and as she hopes to establish or 
make manifest if a re-hearing is granted- 

I. K MORRIS, 
Agent and Attorney for said State of Illinois. 

General Land Office, April 4, 1864. 
Hon. R. W. Taylor, First Comptroller of the Treasury: 
Sir — I inclose herewith a copy of a letter received this day from the 
Hon. I. N. Morris, agent and attorney for Illinois, asking for a re-hear- 
ing in the case of the Illinois reserved two per cent, fund, and he ver- 
bally requested that no action be taken thereon at the present time. 
Yery respectfully, your obedient servant, 
(Signed) J. M. EDMUNDS, Commissioner. 

After submitting the protest and petition for re-hearing, I had per- 
sonal interviews with the Land Commissioner and First Comptroller of 
the Treasury, each of whom was very courteous, and kindly consented 
to allow me to submit my arguments at such time as was convenient. 
I therefore postponed the further prosecution of the claim until this 



131 



winter In two or three weeks I shall again repair to Washington and 
renew* my labors. The comptroller has the power to review t^e 
account, as stated, and to change it as his mmd may suggest is right 
There must at some period not distant, be a termination to technical 
pleas, and then the State will obtain her rights, and substantial justice 

"^'l cannT close this report without renewing the expression of my 
continued confidence in the determination on the part ot the President 
to see that the State is fairly dealt with, and without also expressing my 
acknowledgments for the personal kindness ^d respect with which he 

has uniformly treated me. , . ^ t at TU-nT>T?TQ 

All of which is respectfully submitted. I. N. MORKlb. 

QuiNCY, December 24, 1864. 



SPEECH 



OK 



HON. RICHARD YATES, 



ON 



THE rOURTH DAY OF JULY, A. D. 18G5. 

r As Reported for the Chicago Press, J 



ttlcht.v-nfBo, yrurs ago tivday, In Indeponrlenco Hall m 
tho, city 'if I'liil^wl'lphia, our r«voliitionary lathers, attHr 
«, long and proliartcd war with Kiigland, declared the 
United States it free and independent nation, and airtid 

lie. shouts of rejoicing, riugms of ^jell;*, and every do- 



omed. All the great and nobl« men whose names wer» 
attached to the Declaration of Independence, are Rono ; 
tiut I stand lip hare to-day to say that that Declaratioi* 
tandH in all its ori(<inal force and vigor— stands, not a 



nionHtiatioii of joy, prwdaiined "liberty throughout tti<' 
land and to all theinliahitantsth^-reof," 

As If to consecrate this sacred day forever, some of the 
moat important events of our history, in the Providence 
«f Almighty God, have signaliKC<l it. ,tu-. 

On the .50th anniversary of this great national Jubilee 
«lied John Adams, aged 91 ycH-rs, and Thomas Jefferwm 
■iiced 83 years, the tvro most prominent signers of the 
Decliiration of Independence. AftAa- they had aocorn- 
plished all the great objects of their lives, and crowned 
with honor and glory and with mature years, at the 
Tery time they had desired, on the 4th day of July. 
1826, in the very hour ef putdic reyoicing, while Uieir 
own names were on all tongues, and while the sound o( 
a nation's joy, rushing from our citi«g, ringing from our 
valleys, and echoing from our hills, was breaking on 
iheir cars, the freed spirits of John Ad.ams and Thoniis 
Je£fers<»n took their flight together, and ascended to ihe 
God who gave them. 

But again, as if to make the day forever consecrate to 
freedom and forever memorable in the annals of man- 
kind General Meade and the armies of the Potomac 
•eleb'rated the 4th of July, lHfi2, in the grand battle ol 
Gettysburg, on which dupended as mighty issnes as ever 
liung on the fortunes ol a single field, and drove the reb- 
el hordes across the Potomac to th« tun* of Yankee 
Doodle. rCheers.l And all was fiiiiet on the Potomac 
tor a season, while Grant and .Sherman, with the grand 
army of the Northwest, stormed the battlements of 
Ticksljoirg— planted our flag upon the heights where the 
rebel flag had floated, and, amid rejoicings wild and 
ioud, marched in procession through the" streets of the 
rebel stronghold to the glorimis tunc of Hail Columbia, 
Happy land. [Cheers.] Thus on the 4th day of Julv. 
1H6-A the fate of the Army of the KoMt and of the Army 
ef the West, xnA of the war itself, was decided. The 
«lottd« broke from our political horoscope, and to-day we 
meet to celebrate the 4th day of July, 1776, whicli es- 
♦ablished, and the 4th day of July, 1WA. vfhich pre- 
•«>rved to ti.s and perpetuated our independence, powei 
*nd glory as a people. ,„.„,. ., 

We cohbrate the 4th day of July, 1776, because then 
•ommencod the great experiment whether man is capa 
♦.le of self-govermnent. Our fathers boldly announced 
to the world In the great and immortal charter ef free- 
dom, the Declaration of Independence, the biWe of the 
JioWl the.so truthsto be sftlf-e^vident, that all m.en are cre- 
rights of man, whidh has just been read to you : "We 
«ted equal— that they are endowed by their Croat 
-with certain inalienable rights, that among these are 
life, lil>erty, an J the pursuit ot hajipiness— that to secure 
these' rights, governnwnts are instituted among men, 
4<ua»iag thoir just power* from the consoat of the gov 



linglejot or tittle erased — and, by the blessing of Hod, 
it will stand forever. (Loud applause.] 

They are gone, but the greath truths enunciated 
therein survive, and will survive, a perpetual declaration 
to all the World, from generation to generation, of man's 
Intrinsic, essential manhood, and ot the great, undying 
the eternal principles of individual and universal human 
liberty. [Applause.] 

The American revcdution was begun and fought 
through Hsraiiidea — to establish that man is a man-- 
to vindicatie the right of every man to equal rights and 
(O equal citizenship, not by virtue of his birth or loi- 
tune, or of his nativity or color, but by virtue of his in- 
trinsic, God-created manhood. Washington, in one of 
his letters, says : " What is it we are fighting against? — 
not against paying two cents per pound on tea. No, we 
are fighting against the right we have all along conten- 
(ledagairisl, to tax us withcnit our consent." Franklin, 
in wilting home from Fraisce, said: "In Europe 4&r 
ausais regarded by th« masses as thecause of all man- 
kind, and that in fighting for our liberties, we are fight- 
ing for theirs." Yes, our fathgrs were fighting, not 
again.st a little tax — not for themselves — but for their 
posterity and for the world — for man and human rights 
everywhfyre, and in all ages. 

Our fathers asserted the great principle of the equal, 
inalienable rights of all men, not upon any abstract de- 
duction of their own reasoning — not ufion any mere 
human dogma — but planting themselves upon the firm 
foundations of God's eternal truth andjustice, they dtr- 
clared that they were endowed, not by man, but by 
their Creator, with these inalieiKible rights; and that 
to Secure these, governments were instituted amoiif; 
men. deriving their just power from the governed. Here 
is the whole principle of th« govuraiment— that all pow- 
er originate*, from the will of the people; that eaoh 
citizen shall have his e(|ual share in the burdens and in 
the privilegfiS of the government; tihat however mcH 
may differ trnm each other in physique or in intellect, 
or in any of the elements of human character, th«>y are 
all equal before the law— that so far as civil rights ar « 
concerned, each man is not superi.)r or infierior to any 
other man, and is equally bound with «very other ma« 
to exercise his powers, his vigilance, designing wisdom 
and officiency in th-e eternal dmty of guiding, preserving 
and protecting tJie statie (applause)-, and that in all 
oases the will of a majfirity, not of anv favored portion, 
buit of all the people, shall l»e the law of the land. 

For these great truths our fathers stnig-led round 
about the canipa of liberty in the days that tried men's 
souls ; for these the Declaration of Independence was 
announced, proclaiming the glad tidings of * liberty 
throughout the land and to all the inhabitants thereof;" 
for those our exquisitely adjusted form of federal aud 



(•■taf 1' soVf'i-Hnioiits were fmnieil. auJ for tticse tJiw Union, 
cvmonte I li.v revuUitioiiary Itluod, was ostaljlished. Tlu;y 
«re rifrlit — tlie.v came nutfiMni tlie I'tubU'. iiowei" of man, 
tln'ir origin is uivini'. : tU'ey were iiromnlgated in God's 
<l.cl:ir«,tion of cqiiality, "love thy neislilwr an thyselt," 
iiiid attorwarils in th« golden rule of -doino: unt.j oth- 
ers aa we would lie done by;" and this great idea of 
liberty has struggled for recognition ajiiid the rise ami 
fall of empires, imperfectly e.\i.sting«iti the rtenivcra' ie| 
<if Greece and Rome, found partiaiaittjrance lifMaftnl 
Oharta, IJili of rights and trial byjury, glowed in the 
biea.«t of Cromwell and the Puritan, crossed the ocean 
ill the Maytlower, '■enionstrated in resistance to the 
!-t imi3 A.'t. thuiulerfed in the rwll of drums at Bunker 
Uill.aiijl fin. illy c'ulmiuJlted," full foriiK'd and .ifiiiijestiov 
the greVit and d<iiniiKmt ii',-a of the world hi tlie Dfcl^ 
ration i)f' Artierirttu Indvpi'iitleiice. The' pro;)otitioii 
('insists in fliree words — man is free — the gfpaC I'ai't 
which, firm as the lbuudati<iii of God's .etei:^.i,l throne, 
saall stand uMshakwt-Hmiit the •heating -(!ni>a;e-<if tiiae. 
and banish, forever banish, from the earth, all the al> 
(iiird distiiictious which, in other countries, have made 
iiid in portions of onr own wonld make our farming 



d< fon<ivc war. and regard with pride flie buttle fioldu 
wliich have.'ihed such imperishable lustre upon Ameri- 
can ijrowesR. yet J trust that the future glories of the 
country shall be those of peace, of tree labor, of com- 
merce, of agriculture, of the art», of religion; when our 
heroe.H shall bo tliosB of indnstiy. when upon our ])ral- 
rien labor in every county shall have her fair.s ami festive 
days, and the wild wood shall ring with her notes of lofty 
cbel-v, ^nd <vh^ii. iti piroceasions, iu fraternal conipan- 
lonslii^ with tlie star.s ftiul stripes, another banner shall 
be borne, and on th.it other banner inscribed two golden 
fVvrds — '• Liberty ami Kreo Labor." (Great applause.) 
^tinder the monldiiig influences of our free institu- 
tions, our country, up to tire beginning of the late war^ 
had jiroeiKTi-d Witli'ont^'parallol ; so much |io ihat. as a 
peo^le.^wr- i-oiigratula^d, ourselves that we Were noj 
only' tli^ Iret-fi 'but.'h:i|i^;ej5t and tpoRf'pi;osp\;rous|)ijioplf 
ii|inn Ihi' (ariMif tlie earth. In our commerce, agricul- 
ture and man 11 fact y res,- iu railroails and ships, in dis- 
Cf)veri(^s and inventions, inrbnrche.i and schools, and in 
_()ur farms and Hocks, and as we looked at our thirty 
' iWllions of pe.iple stretclii-g acrossan entire continent, 
witliall the elemenls of prosperity and power .such nn 



It is 



individual .and universal equality wliicb is to 



not destroy, our country. SiiUie good 
fdaied tha.t the approach to-qBiveisal subra-^ m 
stroy the uaiion. wdiereasflppis the safety ol llo- 
— it is the great eleva'or or the masses— it iiion 
character of the citizen, produces a superior iia 
ty, ami has exhibited itself iu sublime results ii 
UueJUjjCaiice, ylivsical prosperity, .'titd gloi-y of tl 
rica.i» ptaiple. , ft leail"S,.tp the ediicatioii of the 



ha 

-htd 



mech.uiical and trading piassas the serW^ t4s.sjils, 'a(ud bo nafioij eyijr iin.csesseilbefoS-iij |ve littld dreamed that 
slaves of '!{iilgs,'l.-)rils, ami uiibleTi. r - ' ' ' ' ]any o'f Mii' pe''f))de and least of all, those "wlio had been 

the Ijpneficiariyi of tjie goverunient, who had enjoyed 
itsoflicps aiidit^hortors, and upon whom its favors and 



hadlM-ei) showered withiilberal hand, would 
li'mibetbe first to laa.se their unhallowed hands against the 
thi|iia'ion, ah{T'alt»mpt to level in the dust the fairest, 
iiali [!i rest, and happiest government on the face of the 

irth. 
Auie j >;piw'it i(5 easy to Kliow.that Our tiational tronblee were 
es^ not the result of any defect in the principles of free 



by giving to evoi,y; ,i)ii;in, the rignt to vote, and opening government, but the iiiiniediateaud inevitable ofTsprin'; 
tiie avenues to ollico lo. Uie liighest and l.iwpst nlike. AJof a i.lcpar'ure fiom the principles of liberty and eijuali- 
I'.ian, to give an intelligent vote, must think, must rea-ty, which wyre desixned to be the corner-e'tones of tho 
sin. must disc riminate. must be ini'oruied. If b.e aspires tentpit- of .liberty .wliich our father* elected; in other- 
U) olijce. he must be pfepaied to show <iualiMcaliou3 foi Lvords. that tlie ,-.ec(is ot slavery, which were left iu t'U«i. 
tlie discharge of its duties, llence tli^' i^jdversal doe- Statr^s at the f uindaliun ot the government, grew up, to 
trine ot all lair scatesmi-.u «nd fiagc*, of our ii.ilpit and be tli('. bitter Upas true which was to jioison the fouiitr,, 
our press, that the whole people iiiiist be, educated, that ains ol pnldic prosjierity. and jieril the life of tlie> piv-.. 
intelligence and yiitue areOhu foundations of our p.iliti tion. 'IJiesystem ot .-hiveiy existing in our .SouUie^rii 
cat edilice, ami tii.it there is no silt-ty Ibr owr IVci' iiisti- L'^tates Imtcred interests, tastes, opinions, manners, ;ipd, 
tutiou'i while tlie m*-<fifcs remain' in .'giwance. no so|id|i,;-ejndii;;-^s at « ar with the genius of < nr iristitutious,. 



rties wb 


le theio is a single 


' ee 


nn.'t le: 


dthe c-cslilutino o) 


ill 



so.iraiity for our tib' 
man in tne land whv i; 
Ojiliitl'V, <nd wi-'tf 'n 

Uilsrulc, l.lial Ibc, liM--.tiM,^ 'i..ii-.- a. id li..- >,■ 'i ;, .1 iiMii-i- U 
are fbc. 7ai|(regii!i,b!t) ,C!i..idels aie! bulwarl'S oi >ai) h 
f.ce iiislitutii>ns, ji^jijCe ,th!?<ci|lle(re?'and i^ii ",ii - m pw-, , 
i:>-.,cLty. tovv.n aud,,hfi,iMlot ijn'jinghout .tj|i,e..l;ui<i— - ;,.; li-- 
i^'aiiiiatiou of lcppwi<j!)pe,.tl}i'ioui;h ti>e ;pr*'nS l:iiOii.i:,Uio r 
•'i,iiiijp, ditcrai-iy .a(i!i(),ci.>tioj)fj— |i,U the nafuva.'iOU'sipjJngs a 
aUid actual ;ne(;<(Ssili(;8,,jif fi>-i,e,.SiiirtA'Hg'J JijifJ ii*''i"'»lif*<fi'|- i 
ohii.es. lieuce jsithft i«.ceiiiive— tliicviki^gh. .t,raijiing.tlir|i 
ivi/ierican cili/.ensl\J!>j a^id :t|ie i(iitielili,%i»'it,,c.\.c*c..-.e -^'l 
that citizensiiip w<!iic.h;: luvuilds the^ ^f.H^iiniai' iwli-is- 
voioe is biH.d in..^^lfi,^i^■lV!Jtf;^;han^herj,u^ •lhi?,C"iin-el-!or 
■Midnt-is. Ill ;i)(}„<il;^i>\(^,iy(;x5-,jjijf; f.jv,msutg<»y*i'iUmt-iits. and 
i;iv,-s lull .-'.vcep and full iib>y. l,o ,t,ij:vt; e-M^ii'.^jetit; iinnd 
./liii;h l!i(.^...tii'US: litfjdeVMUii^-'l. tjlili; rtiiH.iin('ji;.s eneigje 
.lud ib,ourKi:l,e!itii*li:t(ttiwi;^,eiof,,the .AniB'rican jniople. and 
ilso «Jiado.thb'u4,(iS|,skiilki|l,*iid tervjljle in w (1,1 tis tlicy 
.w-,0 eiiyctive i;y pi(««i:u.,.,,liv^M'.Yi tVoy ;iiblbea -the li-eiiiusoi 
';nr tie.e iustitiiit,iauj(, iTAieipimr fiiennles-S. J"\il i-plitiei 
;-is(.s;to;lhe pfi'U le-it.pinnaele ot liiim:,i,ii t"'Wp:' li'iie-r-^ 
i'iie:I>io,>#r tailov boy.Oe,(i<,n(i-if- ...d ^^ - w ,.in I'r .-^ri ni 
iq/ioevfi.] tJie.ferry Iniy tW- I 
Oqurl, (.ohiiyi'S-X'^iritlieliai 
g.e.i.t COiiima;iider, wli.i m: 
warriu's m iiiegieat,i,a.M i-. 
nil, t,lie rtaiiijui!, symbol •■! ■;\i\ 
ni'ai,i,kiiid. .(Applause.) ,;:'..!,:. 

it elev;^itifti la)iur.;i|iidaf'signs it<i.it'the iipbiUtywhich 
dmi sjavei^ — Uold.1 out .to it tli(i-higlve.st ft.inailou?, hon- 
ors and .'/iiiolnmiuts,. ,1 liHVe not the time to trace the 
Wonderful coutrafit, Ijctwfiei; the iieiipectabiiity of lab^.r 
iu this C'.aiiilry ami in those countries of Kiirope, and in 
tUe slave Slates id' i.i.nr own laiuk wliere luoiid aim 
painpen-daiist.ocralK looked down upon t,\>K vocation ,o(, 
the laborer as a menial One, and de.spiscil t.l|e sni)biiriieU 
fice and soi'ed bauds of "smali (isti'd firnifr? aiid.grB,i,s\ 
niechaiiics." ijullic.e it to gay .t.biirt. i.U'a,ll oiir ffi'e Noi tli 
ei:u States labor, wbtiiber :of, Jlie. b« ad or ijo- b nn.b. 
ishoMiorable: .aiiil thaitour weallli and pi .is|h i ii y ■^pi u _ 
flu\ii tlies.tioi^.g' ri>;ltt. aims. il onr lii'im.a - aiiil ,n. rliMii- 
JV^ii^nd Ib^nuiral ar.d iptnllertual advam lain'iit ol.oiii 
people;, aucii, .while: j cijiii hjgljliy, esteem, , the glprifls 
*iacU.«iy -.coHiitfj. hus aohieAcdijni necessary and self- 



■id ii.'cessaiily divided our people. Twodifferent foni)9| 
r goveriiiuciit and civil society, both upheld by great, 
odpoweifiil iiitfiests and energies. Were stris'ingfor 
opreiivi 



lillb 
MUidlibijr't.y. 



.illl.» Ihr 
letcrau 
id holds 



ipa.iion i.oa.wliyie race ui 



. -Wrtians of labor, one free and thi> 

cr slive. ill ...iiiiai ib!e, warring, belligerent, wero; 

I iV'o -ui'ii ' '-M li ullier. Slavrry, in the .States which'., 

r t,i.,|,:.i - !i d -iiii(i..-ed won'd uieiHit because ol its, 

vu Urii.iven d .\ , .iMHtrd evils, liaii rapidly increased, 

d bt;cf.iii. ' ... i.r I 1 li,,Tish''d instil ntion ot the slaver, 

IdCiifSo, ilci rt iiiih. ail 1 blending itsell with thepollT 

s of the I'.aiiiiry. il was ;l.e balance of power which 

■ Ik time wie|de.|-,,s!^i;iip(.d ami controlled the policy of 

ec.omitry. It i/uqi pic almost the governineot of the 

mil . ;> . and nv.iy iuii.ortant measure efi.'C'ing t))p,j 

..-|n liri ,.l ih, ,. iniliy, had to be di'cided by it«beaF-» 

.■saii'i I ■ ,l;.i ....ii,i lotiii/ institutions of slavery. It wh/^ , 

t (Mil'. Ill .11- a I!.; (i iiacioiis of the jiowers it had, bi|t, 

lii.i'' .| I ..:j,iii; aii.l fiipercilions and grasping, iler. 

Hi! ii I- :i I "i.iv iliiil it should be let alone in thej 

II.-. b,i. !ii. .p . .ii-:i!utioiial rccognitiwn everywhere,;,- 

la;,' ail v icin ten itorics. w.ay down to thi?.^ 

.'1 ill' -!;i.. .. cf the Pacific, should bcojieuedj 

.\ ;:iM-ii".i. it seemed tending rapidjy ti>-, 

: al d .mill ition,; large numbers in th,e.. 

.ithi.'.si wild its demands. The national^- 

.' julil.rd and was controlled by ^t,,Jiu4|' 

il w.is deiii.nnced as. fanaticism. aOn to. 

lis r.i.p iiii.iiic and a crime — the foruin.I 

(.'bainbcr, tli.- jiress, and even the pulpiti 

wore' loit, IVfi", fo ilenonnce any other wron^', but. 

tliqy Were -to "let alonf." as the term was, this .sum ojf.- 

all vi.liiuits which;, had gilded its hideaus pi'i-sonnel. 

ivitli ill.' .^ .!iri'|iu-t ot tlie "peculiar institution.'' the 

•• cli'^i i>'i>'d. thi- ■■piitriarciji.il." Do.imiiig toignoranrcs 

prosti; 111 I 'li. iii'i criijii' li.iur millions of human beings,, 

iiiijo loi I I liL rl,i' 1.1'. reeds of tlp'ir labor, sundenna^ 

nil iliiii.i^ii.. lis. pn ill 1 biting all edncatiou.-U, moral and., 

ii.'ii;_-..i',- ; nip] i.v-i..i.|iis |-,v severest peuiilties, enforcingi . 

■io...),i I,..' ,.11 1 al'iectsHivility by tie lash, the revoh-eiy 

'.no 11. I. ...iil'i. nil 1, the .sluve holder, rioting in wealtU.'., 

.i.il 111 Mivi.-,-: .ii'iaiin'.l from the bended buck, and tlie,^ 

-ill ill a^.iiili's II! till. I r.'iii liing, slave, learned to dcKnisB.. 

lalii.i'.iii.l llie Ld'onr, without regard to cwste, anji ti>, 

dMio,iniiCi,fr,<,'e sp^jiety.a.oiM tiiiluve. .and made tlio e,b>,i.ili- 

tivui rji'f ho, p<«)r., whites qI the SoiUh scarcfiJy b>fttef 



■eltl'l.; -' 



'.;oyerpnu'ii 
to, opiio.se 
agitste.. it . 
the .Sen.ate 



3 



t\)aH thut of tlio potii- slttyiw'tbemselvief), i^s »:iliil)p tee-liia(;,ap;t pave , li,iinseit\^ lfirmillRy^'^\tef j^/ad vvpe^iirit 
tili<iii tu you l>y tho ofKiiGrs'and soldii-f's wlioliave wecli elu'L'vinj;'] Wliilo. tli'tMefoi'O. i tiiUe to itiyweif Hoi'« "f 

ii'T. yet T cuii Iml feu 1 to rcjuicc wiiii t-.vccL'fliiiK 



tliuiu at tlieii' h<mie? iti t\\c Snutli. as well as by 
DWii obtiei vatioii oftlie ])rist(iiei>i whirli wo li.ivo liail in 
■our custody. T wilt not liillo\<- tlie history; tlie tit-rce. 
exacting. domineeriDg, biillyins spirit (it slavery in (iiii 
national capital — its attempt to psUililisli itself i>y force 
upon the territory of bleediiiji Kansiis. itc.'. b\tT simii].\ 
Kivtliat its trontlHcanie so brazen, and if'i aims and de- 
' manrt.s were at such hostilo variance with <uir free in- 
Htitutions, that it became evident that tiie two system'^ 
«l fre'doni and slavery ronld not exist intliesaine land: 
anrl the great emancipator. Abraham Lincoln, dr^tined 
and proclaimed what long had been the lOnvrefi^ms ol 
our fjood and patriotfc statesmen, that the luition could 
not reniain.half (flave and half free — that a house divid- 
ed against itself can not stand. When the HlaV(^-bold'*rs 
discovered that their power must decrease by the admis- 
Hiou of new free states, and they could no longer rel> 
implicitly upon tlie co-operatiou ofNortlicrn syiuimtlii 
Kers, and thatthers was a stronjr and tixed determina- 
tion in the free States to resist fnrtber encroachliieiit 
they wa.\ed wroth, and in the pride and insidenre wliici 
the system had -eng. ndered, they drew the sword and 
otrucK at the heart of the nation ; mised the banner of 
r«volt ; Went out of the* Union; orjjiini7,.id war; fired 
upon our flag, and forced us, in sell-defense, intii that 
bloody and destructive war, which, thank God and the 
mtrong right arms ot our brave boys, has resulted in 
the total extermination of the accursc-.i monster, and the 
restoration of our tlag wherever traitor hands had pal- 
led it down. [Applause.] 

I feel highly honored to day that I have the opportu- 
iiify of meeting So many of our retui'iiied ofRtl-rs and 
Koldiers here, tbr somehow I cannot divtvtniyself of the 
feeling that I have been in the war niyselt, a)id am a 
ruturned soldier, although 1 have only on one (rr twr 
occasions smelt the gunpowder of the enemy, [l-augh 
ter.J Yet under my administration the State of llliri:)is 
liRSfieut nearly two liundred thousand brave voluteers 
to the field, as will be testified to you by my nolile and 
Rreat Adjutant (ieneral. who has kept a faithlul record. 
and who himself, if not in actual battle, lias been a gal- 
lantsoldier in the war. I have aidod in raising, eqnl[i 
ping, and providing for the wai.ts. and comliirt. ami 
health of our troops ; have sif,ned the comniissi^'us (d 
nearly all the officers appointed In our State. fVolu that 
of Lieutenant General Grant down to th(! lowest coin* 
missioned officer. Instead of t()ur years of easy, digni- 
fied leisure, signing the conimniissions id'.lustices of the 
Peace and Notaries Public, and going to Kurone, as a 
Governor maybe supposed to do, my time for the last 
four ye*rs has been absorbed in conlerenre with and 
correspondence with the government at Washington, 
and with the officers and soldiers, alul in anxious 
thought for their success and ihterests. and for theii' 
welfare ; doing all I could in my feeble Way to reliuve 
the wants oftlie soldiers, and for a vi^'Oroiis proHecntion 
ofthewar. [Applause.] And, tbounh 1 have' ii^t been 
in the thickest of thw fray, as you have betfn; while' you 
have been driving the enemy iu the front, I have kept 
«p a deadly «nd destructive fire upon thd' enemy in the 
tear. [Applause.]' 

Soldiers^ Peace hath her victories as well as AVavj Yon 
must remember that 1 was Oommander-inf'hief of the 
army and navy of Illinolsl Well, in the nnUitb .d'.lune 
lS6;s. I heard that a large detacbmetit of the enemy bad 
taken possessiim and fortified themselves in tb« State 
House at l^pringfield. and after derlarilig that they were 
lor peace — that the war was unrighteous, unlliiiy. Ac, 
and the Swith could not be conquered, tnev re-olved to 
usurp the powers of their commander-in-chief, and to 
run the government upon the style and manner of the 
rebel St.ates. (Laughter.) I sent out'ii purty of recon- 
ji.iissance, callnd my staff. Lieutenant General llotfman. 
Adjutant General Fuller. Colonel "IJnclie. Jo$se." Adju- 
tant O.M. Hatch, and Quartermaster Col. S. S. Mann. 
and military coriespondent Col. .Toe Forrest, and after 
inatnrp deliberation resolved to attack tbe cn<.nnv in his 
stronghold, and put tbem to rout or die in the last 
ditch. (Laughter.) I then went to work and proijarod 
adeailly missive, which Ike Cook called a "perongs." 
.(great laughter.) and as soon as it, was finislKvl went 
and flrcd into the ranks of the enemy, and smdi a grau'l 
sUed.idille you hav« not seen since the evacmtion of 
Atlanta. (Laughter.) Col. IJuc^ma.ster. with grt-s+t 
valor and stratagem, tried to rally tlin copperheiids an.l 
tpstore order to his broken colmrins. Vmt finding all his 
efTort.s iu«»ffectual. he flashed his spnaker'.q hammer in 
fici-y circles, and erjed out, '• B,->ys,each of you take his 



thele 

great joy to-d:iy, that after four years nf trial, sulTering, 
sometimes with ' prosjjurous, .sometimes with ndverse 
fortune, vour bibors have not been a lailui 6.but victory 
on everv baud has crowned your arms, and now there i.s 
no fire in the front, and noueiutiio rear. [Applau-e.] 
This is indued a^pioud diiy f,jr yuu, for, the , storm hii.s 
passed away', and the moring sun. as he rose in luajesty, 
g ory and beauty on this Konrth of .'.n\x. shines upon 
unr land triiimpii:iiit over llic g/aveof trea.sou, and- dis- 
enthralled from the sbacl<left':jnd curse of slavery — over 
a land to -w bicli pea);c and nnion are i'e.stoi:erl.aud wliero 
all her Ulillioll^j, from i^orth fo Sonth, from East to 
West. tiu'S all, all inx/rfc. [Gre't cheering,] . . , 
.Officers and suliliers. we haye watched your course. 
Von have doije. well — mighty w.ell, Vour dcyotjoH to 
yur country is lull of s'ddimity, and your acbicve- 
iiients not sui|iasse(l by the veterans, of the ancient re- 
publics, whose patriotism and deyds uf valor havo beoi* 
the theme of liisto y. poesy and .so'jf fur over a thou- 
sand years. Yon have given Illinois a great famo 
throughout the civili/Ad world; to Iks an Tllinoi.snr.. t" 
have beeiiaii Illinois soldier was to be evcTytliinp tliat 
bad the import of a gre.it naulc. and synonymous with 
everytlijng fhat was sul)lime in patriotism,, noble in 
daring, or great in achievement; for vvU le her s'-ns 
have nobly Ibnght .lud bravely fell on ever.\ batflo field 
of the war, there is nilt a single blut upon tlie bla/.ing 
star which answers to her name iu tbeglorions gala.xy 
of the thirty fair. Shegave to the n:ition a President, 
ths most magniticent Uian in tl.e world; fcheers] sh« 
avetofhe nrui.v the .vorld's great commander, and a 
iiost of distinguished Goherald — login. Palmer, Ogleaby, 
lirierson and numerous other.s — and colonels atid officer* 
f every gnide, uueiinalle'il for thti'r skill and brav»-ry, 
[Graat clieeriug.] And thank God. the people of tli'ii« 
country — our wise men and beauliful women; — .are did- 
posed to pay honor to whom honoris Jne; anti the pri- 
vate soMier who for small piiy has sundered every 
loiiiestic tie. and faithfnlly tot- three jears (oiigbt in tho 
ranlvs. enduring the heat and coM. trudging through 
mud and rain and snow and swam|,is. and in the front 
rank, where ileinlly hail of ^ihot ami shell falls thickest, 
nd the groans of the dying are loude t, is as much en- 
titled to the warm '^ia«ii of (jurhand and the affection of 
uu hearts, as the' iirnurlest major general whoever 
wore a star upon his sln>nM,er. They fight, tliey suffer 
d they die; and thonyh their name.- are scarce heard 
ill print, though nameless and unknown save l.oa small 
ircle. yet ti-ey are the uulaiiing. impregnalde and first 
and la.-!t reliance of a free iie.ople iu .ts hour of e.vtremi- 
ty and da.ngor; and while I ^ive all. honor to the im- 
niia-l.al .Sherman, the uiiefi nailed Grant, yet I say, I would 
ever say, God bless the American prjvHtosoIdier. ('(^lioer- 
ing. I am also proud on your acccamt, fellow-oilizfus, 
that 1 can staml up here to-d.ay and say that no coiiBty 
in the f^tnte has more nobly sustained the governnient. 
or niore liberally contrilnitcd in men and mean.s. than 
the. glorious county of Kane. While she ) as sent oufc 
theflowerof her youth to do b.-tttle for the Union, she 
ha.s had at home n, galhiut army of patriotic men and 
noble hearted women, who have labored by day and by 
idght to mitigate the severities of the campaign bV 
largti and mnnificent contributions to our ."^tate and 
.-!.-tnitary Commissions, and also in snst'nining an<l 
strengthening the liandsofyonr loyal State officers st 
■home [Aiiplause,] And perhnps many of you will he 
surprised to hear that Knne county hns furnished (as 
will be vou bed by Adjutant G<neral Fuller, who has 
kept the record, and can give yoti the imnie of everv 
man. wdaich no other mon C(Uild do but Fuller.") ati .irmy 
itself;, and I verily believe, that with Gen. lynch or 
Col. .loslyn at their head, they could march t.i the halls 
of the Jlrmtezumas and fiighten Mr. Maxmimilian 
from his throne, j Loitd chftering. and cries of '•Good."] 
Soldiers, you ha,ve been the be.st politicians I ever 
knew. You have thoroughly understood the rights of 
our erring Southern brethren, and, instead of getting 
poace by long-winded comproirises, yoithave conrjuered "" 
the only practicable and lasting poace at ths point of 
the liayot.et and^ month of the cannon, and vou havn 
/iveiia, most salutary lesson to the haii:.'hty. aristocratic 
chivalry of the S<iuth. by letting t\tcm know that thsre 
were good and hiiiTe pcoiile in the world as. well as 
fhey. and that they could not trnmrde upon the laws 
md npset the govpnnnent with impunity, f Applause.] 

You have travelled the whole cirsuit of th« rebellion 

di*wii the Mi.-eissippi, the Ciiraborhiwl, and thcTeanea- 



Aee — thrnuRli' 5fi'»is.<ippi, a'nfl Tennessee, and Alabama, 
and (jBorKia, to the sea; yeu expeeteri a figlii. but olri 
Billy could not gist it ent of them— they would not 
flghljfor the great Sherman — 

" He was monarch of all he surveyed, 

His rights there wore none to dispute;" 
{applause,] While 

'' From Cairo all round to the sea, 

You were lords of the fowl AND thebeute." 

[Great laughter and cheering.] 

Thence you weut through the swamps of South Caro- 
lina to Raleigh, in North Carolina, and after a universal 
skedaddle of the whole rebel CTew,and the capture ol 
mie old woman, crinoline, boots and all, [laughter] you 
went to the proad capital of the country, where you 
witnessed the grandest military pageant and gave the 
nation tlie grandest military review ever witnessed in 
the tide of time, and then vou came home, through many 
States, by easy stages, and here you are to-day, the hap- 
piest lot of soldiers I ever saw, kissing your wives, and 
i don't know but your sweetheiirts too, [laugliter and 
cheers] and your old Governor, Dick No. 1, [applause] is 
talking to you, tbs happiest fellow in the whole lot— 
and Fuller no.\t. Why, boys, you have learned -more 
f ractical geograp^iy ihan you could learn at college in 
a year with naif a dozen globes. What's the use of a 
globe after you have walked over it, and nearly kicked 
it to pieces? [Laughter and applause] Yon have tra- 
versed the great rivers, lakes, bayous, sv^arraps, plains 
mouintaius, cities, orange gropes, sunny fields and (?ane 
lM-at»es; but wherever you linte been you have carried 
the old flag in honor and triumph, and plar>ted it wheve 
no' ruthless traitor-hand has dared to taUe it down 
[Cheers.] Yon have participaited in most cf thsr great 
Ikittles of this" great war, ami for many of the most 
shining victories we are indebted to your uiifafterinj; 
prowess, your noble deeds .nnd gallant daring. Dorselscm 
Vea Ridge, Shiloh, Corinth, Hatchie, Arkansas Post 
Port Gibson, Raymond, Jack.son, Champion Hills, VicRs 
turg, Perryville, Stone River, Chickamauga, Lookout 
Mountain, Mission Ri.ige, Ressaca, Dallas, Peach Tree 
Creek, Atlanta, Bcutonville, Goldsboro, are embla&tned 
on your banners— and the 8tli Cavalry at Gettysb-ftrg 
and in almost every battle with the Army of tb.e Poto- 
mac. [Great chews and wavinj? of haniibsrchiefs,] 

All hail, glorious banners of the stars T proud embleTii 
of the freedom, of the nationality of the nndivded and 
indivisible U.S. A. (Clieers.) Ah! old tattered ban 
ft«rs repo-ingqmetly iff your places a-mong the archive- 
of the State, where General FulleiT ami myself have 
placed them to be kept forever. They are not so bright 
«s when first tljeir silken and starry fob's were placed 
by Columbia's fair daughters in the hars'sof their coun 
try's brave ctifciiders. lint each one is Irtstory in itself 
— ^tiow many leagues have they been Iswrne, how th«y 
tell of scenes ol trial, of the long march, of hi.*sin 
minie balls, screaming shell, and gleaming bayonot. and 
the cannon's loud and dreadful roar. Not so bright, bu« 
now they haver a consecrated meaning, and every sta? 
ftfd every rag; and every bullet-pierced fold is eloqmeut|, 
of liberty, union, and glorious victory. (Great cheering) 

Of the thcrasandls of troops which Kane county sent to 
the field, it is nod a high estirrtate to s.ay that a large 
proportion have died in actual battles, or from- Wounds 
or disease contracTed in the service. Ah! tliey sleep in 
honored graves tar awav from their loved oifes, in Stii- 
toh's bloody woods, on the cloud-enveloped summits of 
Lookout Mountain, on the banks of our rivers, in the 
sands of the ocean shore, in narrow little cefls they 
slei.'p, and there they will sleep till the mOr.iin'g. of the 
resurrection. They died for their couirtry — it may be 
one, two. three and four from the same roo''— filling the 
land with bereaved widows, homeless orphans, weeping 
Rachels and sorrowing .T,acobs — it maybe tl'e ^rst and 
only born — first and only pled-ie of wedded love — the 
last tie is auiu'ered. the hust link is b>-oUen. Ah, vou 
may build to the martyred cTead a monumental pyramid 
of solid ma-ble which shall pierce the skies, or fill the 
vast fields of un.ai'iomeil space with heaps of shining 
gold, but you will never pay that fond mother for the 
loss of that darling bo.v who laid down his life upon the 
altar of his country. And yet his gr'.ve is an immortal 
rave apd his memory will be cherished b;> men. in all 
he cycles of the futuri!. as Ions as the love of exaitcd 
ervices or disinterested patrlo.ism shall sway the im- 
aljos of the human heart, and 



" 0T> ! if there be 9Ti this etiVthly sptere 

A boon, an offering Heaven holds d«ar. 

Sure 'tis the last Kb»t'Oii liberty draws 

From the heart that suiters and bleeds in lier cause.*" 

[Great sensation.] But the living are left with us — thp 
wounded and the i*isabl«d, the widow and the orphan, 
the sorrowing and the stricken, the needy and the des- 
titute—and will we not honor the dead by oomforting 
the Hying; and will w? not, so far as in us liesi. provide 
for the relief and support of every destitute widow, and 
for the support and education of every indigent orphan 
of the deceased and disabled soldier ? I have twice re- 
commended to the Legislature'to set apart a special fund 
tor this purpose. Aud 1 now desire to say to th» peoplu 
of Kane county, and every coBnty, that all the glory she 
jlias received in this war will J«e taruislied. if with all her 
wealthand resorirces.anywlfere in her lionndary a single 
tioy or girl of one of her deceased or disabled soldiers 
hall suffer tur waiftofthatf support which the manly 
:arm of the f.cher niigldtiave given. (Cheers, andcrien 
|of that's so.) He stood bettteeu you and your enemies 
a living wall of fire; and now as the crippled soldier 
hobbles along on his crutch, saying, " 1 lost this leg as 
we scaled the heights of DonelsDU. this arrm as we dro*«r 
the enemy at the Hatchie, this eye »» we climbed thw 
heights of Mi.ssion Ridge ; or the poo? Wounded soldier 
on the battle field, having seen the sun lor t.ie la»t 
time, and thinks of the dear ones at home, the hwri#(f 
question runs through his mind. Who shall protect my 
wife amid the cold charities of no unfriendly world? 
and sends to you and me the prayer, "Let [no rude aniS 
unhallowed hand be laid on that bright-e.ted boy and' 
girl of mine." fSeflsation.] No, fellow-citiv^ens. they are 
the childri n of the State and the country, and there artf 
two things which I would do. I would make ittheduty" 
of the Cotsnty Court to levy a t ix-^-it w ill not be a largff 
one, nor of many years continuance — to be legalized by" 
the Legislature, and most sacredly to be applioit 
to the support of every poor disabled soldier and sol-- 
dier's witlow, and lor tlie support and education of every 
soldier's »>Tphan. [Cheers.] Another thing, I would se-- 
ilect in the cemetery of your county seat — a beautiful 
piece of ground, wbiohlwould ornament with grave) 
walks and shade trees, and erect in the centre a beauti- 
ful monument of niaf?We or granite, on which I woulit 
'•ecord in plain letters the nanie. with the number of his* 
l^'ompany and regiment, and the place .and duteof his 
.";eatl» of every officer and private of Kane county who 
;.ai»5 died a glorious martyr to his country. (Cheers.) 

Officers and soldiers, it is not simply that you h-TvC 
f^aJght bravely and well — that you have borne our flaef 
farther than the legions of CKsar bore the Roman eaglen 
oye¥ the conquered provinces of the worW-"it is not all 
these things which Futitles yon to the gratitude of the" 
world, so much as the high and sacred cause for which 
you fought. Yoi*r brave comrades have died, and yoT> 
have risked your lives tnat the nation and the Unior* 
might live, and yoW have popoclaiMfd at the pointof the 
bayortet the divine right of all men to be free. (.Ap'' 
planse.) Had yoff failed, what anarchy, what ruiH 
iwould have followed f Whose fartn' or fields would haVcr 
|bcen worth a dollalr ? Qirr own bright Illinois, our 
heaven-favored Ijeritage, our l.ainid flowins; with milk 
snd honey, would be' overrun wfth rebei hordes and 
robbing murdering gflerrillas, our waives andchldron 
fleeing from their honows^aTmies would be Marching, 
and coTOUianders winning their -^ictorios. om" borders 
would bl.aze with bayonets a-Brd bristle with cannon, tho 
land would flame :With burning towiTs and cities, our 
Union would be dissolved, the' e-Speriinent of self-gov- 
ernment would have failed, cSSj tvhile a wail of woe' 
went up fi-oin the lovers . ^prty throughout the 
world, despots would raise n Bfd'eiitts yefl over the e.<- 
piring liberties of our cotnitry. (Great cheering.) 

But thanfts to you. you ftave aot fiiied; you hav(> 
carried our country through the nifst fiery ordeal which 
no other nation could haves withstood. You have si- 
lenced forever the clamors of Knglish statesrnen that a 
government of the pnople could not Withstamf the con- 
vulsions of civil war. While you have driven back the 
enemy oi; the other side of the Jfissrssippi, on this side 
we have pirshed forwiird fhearts of pe.ace. quietly con- 
ilucted the country through a Presidential election, kep^ 
up the machinery of regular government, and main- 
tained the public order to the astonishment of thn 
world. And to-day this great goverment stands self- 
poised, not a nerve or n^llS(■le weakened or relaxed, with 
all its hitherto dormant but stern and mighty energie-; 
developed and m-^rfe striuig andavailablo, till to-d-'tj- w* 



tfrfi llio most Iiohorodaiicl tlic most fourod iiiition in tht 
world, and could defy the world in arms. But thanks tc 
jon, the accursed blot of human slavery, which has di 
Vided and distracted na at home and sullied our name 
abroad, is wipea out,and every man in America is free 
[Great cheering J 

All hail, mighty day I Thank God I have lived to sec 
the principles go up in ten years which went down in 
1855; when I can see, plain as the sun at noonilay,the 
glittering standard of the nation's redemption, and 
When borne on the wings of the winds I hear the pi- 
brock of the highlanders — the slogan shout of universal 
emani ipatiop All hail glorious sister, Missonri I Come 
with renewed heart; come with bright and beaniinj; 
eyes, and fair and throbbing bosom, into the fiimily ot 
free States. (Cheers.) All hail my Maryland, thou whd 
stonest the prophets, for a yreat light has shown upon 
thy road to Damascus. All hail Tennessee, and Andy 
Johnson, and especially Parson Urownlow. (Applause.) 
All hail Georgia, and "'good-bye, massa Stephens, for 
Old Shady am a coming." (Cheers.) All hail naughty, 
erring little sister, South Carolina; come and lay thy 
peevish, waspish, tumultuous little checks upon the 
bosom of thy father, Andy, and 8a3', i'ather, I have 
sinned, and am no longer worthy. (Cheers andlaugl 
ter.) All hail iMi.ssissippi; come because Jeft'has fallen 
in the last ditcli. [Laughter.) All hail Old Virginia 
come sliDUting the tliighty Amefican Marseilles, ''Glory 
Glory ! John Brown's Soul is Marching On !" And hail, 
all ti)*' sisters with joined hands, a'lhail; forever all 
liail United States of America, for in all your broad 
boundaries from ocean to ocean, and from Maine tt 
Oregon, all thy children are free. 

[This p.trt of the speech was received with tumul 
tuous cheering.] 

There is great uneasiness in the minds of sympathizers 
with treason, that the nation had incurred by the wars 
gte;i{ JWtiou.al debt, which the country will never pay 
What a set of ill-omened birds this age is afflicted witli, 
who alwajs have a nightmare upon their affrighted vis- 
ions. We can't coerce a Sl.ate — we can't subjugate the 
South — we can't pay the expenses of the war — we can i 
do away with slavery,and now we can't pay the national 
debt. Now, my dear friends, •• Let not your spirits be 
troubled." This great nation, with its increasing mil- 
lions of people, for now that the only black spot upon 
our sun — slavery — is removed, emigration will pour 
into the South and the North from foreign countries 
like an ataJanche, and with our vastly ilicreasiing bil 
lions of taxable property, the United States will walk 
lorward like a Hercules, not feeling the burthen, and 
the boy is now born who will see the Iftst dollar of our 
National debt paid off! [Applause.] Some sav we will 
have to repudiate, ae they said we Would have to back 
down to the South. As for me. 1 would brand with 
the same indellible stain the fepfidiator and traitor, 
and hang both together. The only debt We can never 
pay is the debt we owe our countty's brave defenders 
[.Applause.] 

Officers and soldiers, T am not here to lecture yotJ ttf 
to your duties, as you go to resume your dtfties as 
citizens. If those who predict- such a bad state oT mo- 
rals from the returned soldiers and gite them good 
advice, wouid take care of their own morals, ft Would 
be better for societj-. (Loud cheers, minsls'd with 
langhter.) 1 heard a politician in Chicago, who I sup- 
pose, has not setrti a biMe in six montfis, drinks five 
cent lager and forty rod young Bourboti.say we would 
liave a hell of a time When our returned soldiers Were 
let loose upon the community. Now, thinks I, if you 
don't keep shady y«u will have your morals improved 
(Laughter.) I can say that for those who are featfol ol 
demoralization among our citizen sold'iers, that I have 
Been many whole regiments disbanded during the last 
two years, and the officers and sol'dicrs have quietly 
resumed their former avocations, are orderly and quiet, 
and I will put them against any other thousand men in 
tlie State for good behavior and obedience to the laws 
(Cries of "that's sOf" and "good.") The discipline o; 
the soldier is elevating and not corrupting, and I have 
no fears they will not ire gentlemen and good citizens. 
Our soldiers are not mere hirelings, but tliey are our 
brotliersand kinsmen, as intelligent as ourselves, who 
have studied well the principles and objects for which 
they have fought. All the gold of California could not 
have induced thom to be the target for whole re.l;ilnel1t^ 
to shoot at, but they arc the soldiers of principle fight- 
ing to maintain the right. You whohsive been figliliiiL; 
fo uiaiMt.ain f he law. All the marshaled hosts of .Sher- 
Rian's grand army have been fighting to esfablibh the 



supremacy of the cotistitutioii and Ia\Vs, .i'nd t'o'JulfiiMfl 
the wicked men who h.\vo trampled upon the law ami 
raised the banner of revolt. You have been a' grea| 
national police to bring criminals to punishment, amf 
now you have restored the authority of public law anff 
the quiet of public order, so that trom ocean to oceait 
the American citizen can traverse the circuit of the 
Union and feel the protection and the all-abiding su- 
premacy and power of .ijnierican hn\'. And Ciiii wesiip^ 
pose f,)T a moment that those who haVe beep, most prompt 
;to restore the authority of law to the land, will be thtf 
jfirst to break the law ? (Cheers.) I think myself yoti" 
are a very I'espectifbfc looking Sftt of gentlemen "for 
Sher^ian's bummeTs. (Laughtei".-) All the advice I 
have to give you i*. to tell you to go hotif^ to your wltesf 
If yon have got a wife. If yoB' aiti't got one, capture' 
one. [laughter,] not a Jeff Davia, ftnt a' "laal" genuine. 
'^ona^(/c. sure enough woman. (_!\filierh laughter.) Your 
fighting for your country Vroirt set you hack any. t 
never saw a real pretty girl bfft! *ho loved n blue coat 
with brass buttons, (cries of "fhat'.s so.' ) and you know 
she would be monstrous ugly if i?he had a copperhead' 
in her eye. (Laughter) NotS-. boy,«. I know you are 
brave, and hflve faced the cSnffon's month, and havw 
stormed evefy battery in you? way. but there is on» 
battery which you ean never storm, and that is the bat- 
teJ-y ot sweet smiles nrd bright eyes. My head for ii' 
football, you'll always surrender on the" first ballot. 
[Langhter and cheers j 

Jeff Davis has proven Rimself the most illnstrioun 
captain of his age — he deals in stratagem— be waw 
smart, and kticw well XhaX our boys would not fight or 
capture a woman, and tile only mistake he committeil 
was he was not a woman. (Langhter and applause.; 
Jeff is like the great Achilles, whose only vulnerabln 
part was hreheel. Alas! all the stfafegy of the g^reat 
•leff failed by reason of his boots, Wliat a slight cir- 
cumstance affects the destiny of rtiftn anri nations. Rome 
was notified of the assatilt of a mighfy army by tlKP" 
gabldeof it goose and saved Alas, the fortunes of tlief 
Confederate arir.y went dow n in daffencfis iii consefjuencer 
of a pair of boots. (Laughter.) 

There is no achievement so grattd rts this last end of 
the great die-in-tlie-ditch Confed<ftaey Since those t.imei* 
way back in the shady past, whereof the memory of 
man runneth not to the contrary, to-Wit. since those' 
days when Jackand Gill went up the hill after a nail of 
Water. (Great laughter.) Indeed, I know nothing In^ 
.all my reading in Baron Munchausen. Jack the Giant! 
Killer, not even the gander fight in Peter Parley or 
Goody Two Shoes, I don't know which can begin to' 
compare with the splendid .-ind gallant sTtrrenderof thin 
great Lion in his lair, the mighty chie-l of Southern 
chivalry, and of the great but defunct Confederacy, 
(Latlghter.). 

There is one ether cau.?e of congratulation for yon to- 
day. I must congratulate you that whatever may have 
been tli« divisions of opinions when you left home; 
however much the war was denounced ; however much 
you Were denounced as Lincolti hirelings and aboUtioin 
fanatics; however much men said we could never con- 
quer the South, and looKedatyou askance from under - 
the hat. yet now those old fire-in-the-rear vet'-rans ar« 
the very ones to welcome tot* Ivith the "In Triumphe!" 
and the "Grand all Ilaill" and tliey shout with a 
louder shout than your old Union friends. They clain» 
to be the chief priests i'tl the synagogun. (Laiighter.) 
Indeed,! have Pot seen .a copperhead since Lee's sur- 
render. (Laughter.) Whether they were included in" 
the surrender or not. I do rtot know. At all events, f 
give them credit for most rapid conversion, and all thfT 
ze.al of new proselytes, and 1 especi.tlly give them credit' 
tor their most remarkable modestj-. [Laughter.] I 
wondar if they could he prevailed on to liavo softie of- 
fice; if so, I advise yon to go straight to the polls and 
vote for them (over the left.) [L-i-nghter and cheers.] 

The war is over — our arms are triumphant — the reb- 
els have' long since learned that one Southern man 
could not Whip file Northern men. T siipposo they 
would be willing to pairoffeven now. [Laughter.] Mav 
be they would find that an American citizen of African 
descent wfts quite enough for them. (Laughter.) But 
peace pretails in the land, yet p.?ace brings with it (bo 
most oomplicatod questions. I wouid hot cloud the btlbV- 
mt anticipations with gloom, but we rfre not yet safe one 
'f the difhni'lties which have environed (lie countrv. 
Perils surround which are imminent, which will requiro" 
■li-ar lip.ads and honest and stout hearts to iliscern ami' 
ivpvcome. We are not safe until the great qnc^stions in 
lisputo, for which we have ftfijht, have been dofiuitcly 



Mild f'.rc^-cJ- ftticct. liiid upon ?ncli >« ''i»»is us to provent 
tlif miinviH «.■ of iiiintlici- Will- to iiiui- oMi- iiciK-e aiulcii- 
,]•,.,. MT tlic' s.'ir.'tv of tlui Union, f All of tliMt's «o.J llir 
ll.mghtlda lu.nibl.- one, that, afU-r all tho Moorl ami 
t..Mi-san.l f.uiroriHi;san.r expense oi th,is four years, tlir 
..•line iMHi.'sof.-ontention mav be left, and tlicsiino rebel 
vn.ritinav be left to inHuence oiir policy, finally Unul 
ininatr in ^.lotber fearful and bloo.ly war. And lust, it 
bn.st n.nv be settled, once and foreVor. tfiat f.eason is a 
crime, and i't must be punisliod as mK-Ii. Jbe bMdn.^: 
traitors, or enondn.f them to vnnli.;ite the lau "li- 
insti-'atcd the rebellion, who stirred (i|. Ihe people to i.- 
vnlf.mustbe tried, o.nvieted and ht.ng tor their erune 
„f trrasoil. whieli, the world over, li.as bCeii pronounred 
the bi-lH'»t frinie known to tlie lauv bhtoi t.inatelv they 
haVe sTd a precedent, peih-^.s 'l.e most i'le'''".';'''';' 1'''; 
cHU'ntin the history ,d- the world. On » >'' f ' ;1;7 ,' ' 
De^enlbH-. ISall. a decrepit old man whose head «as In- 
tened^vith thf' ffosts of many winters, when asked \Miy 
scnteiiee of death slmnld not he l'>-'''';'"''7''':,:;^.'; ' ''" 
- never inteaded inunler or treason or the deM ' > " ' 
m-opert.v. b.M.) fieit. orto.ncte nlaves toie'"' • ' a 
to maUean insnnection. He only intended o milu 
-Whives free without tlie snappin^'of a ,siin on eitlier m.U: 
and take them to Canada. The New 'lestament com 
mandedldni to reim.nber them that are in bonds a. 
bound with them. T believe to have intertered u brh ,1 
Cf His .lespised |"-or was not wrong, but nght. On hn 
wiv to the seadold he saw a little negro girl gazing at 
hini with wondering face, and lie stopped and. stooping 
down, kissed and bless,.! her. and taking "M; .-e ui-n 
tb(^ sealtold his spirit went to meet its (0..I. I he^heudrM. 
spirit of shivery stood by without compassion, •■o.vernoi 
Wise, having the poWer to extend r-'f'lon to this pool 
oM man. said no. and all febcldom sent up a shout o 
reioiciu" Mid how. when .letf Davis and W ise. who ai, 
responsri'de for two hundred thousand murders, and toi 



advise' tJie gov'ei-iuiieiit to iiiagnunimity. Now we linVo 
stood a ■■■re li deal from lOnghuid. At her demand wo 
'.<urrend<Te.t Mason and Slidell,, the greatest national 
degredation, iai my .judgment, to wliich this country ever 
submitted Her governing classes have sympathized and 
leasled Iho rebels tliev bavo found in London. They havu 
Imilt. armed, equipped and manned I'.ntish cruisers to 
urev uiion our '..mmen-,'. Thes have all the tunc prayed 
liir-ind piedicled our defiat. and in our darkest hours 
Inve.^iven eneoura'^.-im^nt to Ihe enemy, and wo hay o 
imroinpUihingly submitted to all tlu>e things: but there 
IS one thiii'^ «u'w..irt stand from Knglmd. and I hope 
ihit ^ecreHiry t^eward will immediately intorm Lord 
Uussell that there is <ine thing we wcm't stand from her. 
lid that is lier advice. All we Jiave to say toiler vs. nund 
:onr own busim-ss, We do not interfere in the domcstip 
Hairs of any foreign nation, and ihey shall not interloro 
with. ours. Wedont want war. but 'i >o>;etMl up.m lis 
we would as soon .-end lieiieral ^^h.■rma(l with ..00.000 of 
our vcterars over to make a breakfast of Camida as not 
, Cheers.) Secretary l^^eward has expressed the united 
sentiment of the .Imericati peojile in notifying Kngland 
to make ample reparation for the injuries sustained liy 
our .ouimerce from the Alabama and of her cruisers— 
iuid while we want no war. yet evc^y man. woman and 
rhild. and a million id' trained Veterans, stand ready, at 
the droi) of a hat, whenever the national honor Bliall re- 
,iuire,togo ovcri.tto Canada some foggy iiioruing and 
'osav, "Howarc'vou, .(ohnny Hull?" [Oreat checTing.] 
l{u"t; a'-ahi. thei'C- are .dher questions to -settle. No re- 
bellious State should be permit led to resume its;-omplct« 
i„,litical relati.ins with the government until it is clearlj 
manilesUhatthe loyal amf not tin- disloyal element is 
the governnieut. (( heers.) 



id no. aicl .III lenei.wm tn^ j_ _ .^^ ^^^^^ ^^^^^^ ,^ ,„-oI<afion for a thousand years, unli^ss 

she "ave evhu'iiee of finits meet tbr reiieutance. up.^ll I 

'^ itislied si..- «as eneitnally cured of her Statin 

d I wcatld not be cheated 
til of allegiance, when 



tl-eaJiou'biat-kas'h(-ll. wlien they swing from a siinilai 



Brown-s 'soil', is'luarchiitg on. [Loud cheers.l WJien tl 
r..ouei-hea.ls plead for niaghanimity. ask them wliattlic-y tl 
.aid in behalt-of l^oor old John Urowii! Have tlicy ever 
crie.1 out tbr magnanimity to other niurderers ^"I'leon- 
viotH who have violated the law? And ye . tor Jetr ) • 
vie., who has been a Wholesale mKrd.'rer. "' '■' '';^Y V> .,. 
at the life of the whoRi, „ation. and foiled the led vywo 
of bloody civil war over the land, the^ say we iniist.^ 
maqncl^umous. [Sensation.l \\ e shoot th,> pool dcs, it, 
ami the poor sohher who is fouiul sleeping at Ins post on 
guard, but the iiatioii nntst bo maguaninious and no. 
■execute Jeff Paviw! , , . . ,).,.,,_ 

The most ponderous voliimo can.ne+er I'ort^^y the 
ouormuus- wickedn^^s of these tmitors. 15«>f«" '«-. 
which would have dis-raced the most savage (,atiou 



-till, led by Iteverilv Johnson and others thttt 
■III d>is,, uitleait pei-jurv, although they do not 
1 to observe and abide it. (i^hcers.) T have always 
believed that the Slates are not out of the Union, and 
eaiuiotgoout.and y.t 1 p.^rlertly agn-e with Mr. Lin- 
coln that wh.-tliei- thev an- or ict is not material to th(* 
question, for whether in or out of the Cnion, they have 
.Icliberately arrave-l Iheni-elves in dea-lly hostility 10 
Ihi^ .'•oveinment— ileliberalelv. bv ordinance ot secession 
and'the adoption of the Coiired.iale e.,i],-tllution, de- 
elared themselves out of the i:iiion. and liy force ot arms 
attempted to ilesti-ovthe Union .-md the government; and 
s,.niewav has to he provi.led by Uhicli they are to ,i;e- 
IVii'iullv relations with th^: government, and it is 



they iiiav 
not prop...e 
because it i 
tend that tl 
.'o on n.iW t 



ugh 



titiUion. \\1: 



antiquity; barbarities shocking rn the ^'.^I't of (o.d .,1 1 

man : the coldddooded murder ^>"; .,|'"''-^"'r ';,";„ . 
colored troops at Columbus. Kort l.,ll..wai,d,.ther points^ 
the attemiited burning of our large cities, '•e.^-'!-' ^'"^ '" 
the- lives of innocfeUt women and children; he iiu|oii. c 
tion of poisoned shirts and garments '';'''';'" ,"" V n ' ';"il 
low fever and small pox. to bepre.sented (.the 1 11 sid, it j,„ 11 
«nd to spread pe^ilence among our soldi.a-s: "'<;;;.,:'' ^ ,, 
vaticm in cold blood ..f '.in.OOO ,d our pns.,ne s ,it .An 1 .>t.U. g 
BonviUe, with the full knowledge ot the b-aders and the 
eohl-blooded murder of the noble Lincoln: and yet tor 
any American to get up in Illinois a,nd preacli magua- 
niniitV to'ttio ii,n-rna.l traitors who set on too ' "'l ^' '- 
nive lit those bloody deeds-any -"'•\' '"^"',^'-' -f 't ^1 i' 
hung on tlie eitme s.mr apple tree with JelT DaM.s hi 11- 
sclf. [Loud cJieer.s] Whilel would, through magnanimity . 
and also from necessity, extend pardon ''' I'" "':'^r';, 
tipon their taking the oatli. yel would ^'-"'/^h-'^' ' 
penalty was executed upon a sutticiont ""'"l""' _ '? ^J' " 
cate tiie law-not in resentment or "'^''f;, '■'„:". 
example for all tinff'^o come "Ihe '■•^\ ' ';\' ' , . •■ 
terror to evil-doer.s. and a pViiisc to them that do well 
I ,wouhl make the name id" t}ie traitor odiotts I vyou d 
let tlie extreme punishment ot the law be '"'■'';:'';' 
hiin, to stand forever as a warning to al posterity, hat 
whoever he may be. however high his t-tle or proud his 
name, whoever thru.sts hims.df in the path ot this Ho 
public to honor ami renown: whoever shall litt a parrr 
cidal arinto destroy the government, the ■""^''b ''■"' 
liberties of his c.mntry. shall meet a traitor s doom. ,1 
bis m.me. like that of Anvld. I^ooth and Davis, he gib- 
beted on every hill-top throughout the land as a monu- 
ment of his punishment.- and the shame amj grief et hi.- 
countrv ILoud aiiplanse.] _. 

But ■ingiand, linglish - Lord.?, and the London r,m<'? 



{'s an 



■rtaiidv f r the -overniii.^.it (o sav upon what terms 

It-ieiidlv n^lalioiis Now I do 

is-ue w itii I'le-ident .rohnsoh, 

.tor he hiins.-lf does not C-yii- 

I ill thi- Union, tliat they could 

I le-islat" and sem( Senalors and llepreseu- 

ii^^ivss under their oUI State cuiststutiotia, 

. war bail happened— for he him.seUhas gon$ 

he terms on whieh they may refc.rm tlie|r 

,,,,.,,fs and wtio mav vote for the new.con- 

f c.iurs.\he oiuld u-t do if they were 

.-,:,>,- with ffie 'ainc goVernmeut they had 

before the war; f.ir then, under tlie Cmistitution. tlieso 

States would fix tlie- qiiatilicatious rtf the electors wMtli- 

iut any iiiterfereure from the President or trom Coii- 

n-ss "ibit I'resident Johnson has evidently taken tho- 

Ither view of the qnustion. that, in States in rebelliop. 

the national authorities are to liave control until tlie 

.Stale is re.dored to its former condition. He is not 

blindly committed to any one particular policy; hut, as 

Mr Lincoln did. is feeling his way. I have every couh- 

denceiu him. Isafin'the House of r,epre.Mi,tativf9 

with him lifteen years ago, since which he has been 111 

public life ever since, as Kcpresentative. Scnat^.r. a,url 

novernor. and has rt rich anil lar^.ie e\perieii.-e and nia,- 

tured judgment as a .statesman, be-id.s a >varm hcitrt tor 

the people of every Color. So f.i-. I'lesident Jol,nso,i 

has oidv invited those residents of the States Who wero 



lonuerly voters, and who take the oafh of allegianc.-, 
and arelo'val. to form ft constitution and to present such 

republican lorm of i^tate Oovernniv-iyts as will ent.itbi 
the State to the guaranty -.>f tjie United States therelor. 
;Cheers, and crie.s of -th.-it's .sb."| 

The final decision is left with Cougress^w-bctlier the 
«t-ite= are merely in abeyance, or vvhether, by their re- 
volt tluvyare remanded' to a territorial cohdUiDu, tlia 



rooplo of file St.ite arc to n/tnni to tlu: Xational Uuion 
UlTiler a j.'pill.liciih roriii (if govoniliK-iit. and Ocmsrrc-i^ 
<iui deciilp v'lictliw 1hi3 ixnv Stiitt' (T('ivciTiiiient is fit- 
>>Mblii'ari in tiirni oT not. 'In tlin aclmissinti of LoiiisiMiKi 
iuH il Ptatp. riMii^rr-iiMAVciitsofvviis topiT^cribe in rtilviinco 
i-crtain j^iKVllii- mi>riHnir<is wliirli wrrt- to be inforteil in 
t)ie Constitution, iiml wliii-li whtu iifteiwarde ileciileil b,v 
1 lie Superior Court of tlio United States to be eonstitii- 
ti')nal. in tbe case of Permoli vs. llie fir.it munioiiialit\ 
of New Orleans. As a Senator of tbe United State, rcr- 
tainly I Could consider no State Government Iiepul)licaii 
in form which wa.s at variance with the fnndainental 
principles of our republiean institutions which denied 
the equality of all men before the law; which set aside 
the principle that governments justly exist by the con- 
went of the governed, and that taxation and representa- 
tion must go together. Applause. If I am wron<T tbe 
fTovernment is wrong. And I am here to-day to .say tliat 
1 could approve of no State government whose constitu- 
tion or bill of rights does not deny, in express words, tliis 
right of a Stata to secede from'tlie Union, and wliich 
<loes not prnvirlo that slayery -ahall be fii allv and forever 
aliohsliod and in-olubited, sp that not even a" root, seed, or 
grease spot sh.'ill i^niain bf'this Bum of all villainies, the 
accursed s\st.'iN wliich has been the fountain of all our 
troubles, and of the fratricidal and bloody war whicli 
lias desolated the land. Great cheering. 

Again, it should be expressly provided that the 
leaders of the rebellion who have helij/office.s civil or 
military, under the Confederate Oorermuent, should be 
disfranchised .and forever debarred the right of sniTrao-r 
and the right to hold any office of honor or profit uiidT.r 
the (Jovernment of the United States. A-^ain 1 would 
conlerthe right of suffrage upon all loyal men Ap 
Idause. I will not, by any act of mine, open the portab 
of the American ballot-box to pardoned rebels, whost 
hands are stained with tre.'ison, and are dripping with 
the blood of our brave soldier bovs. and deny it to the 
poor colored man who has proved his allegiance to his 
»ouHtry by brave and heroic deeds. Applause Thev 
have rallied round the Hag— he has brought a stalwart 
ami and a courageous heart to his government in tbe 
hour of its extremity and fearful need, and it would be 
the shame ot the century and tlie age if he is to be dis- 
tranchised and left without a voice' to such barbarous 
legislation as his rebel masters Avould frame tin- him 
Lcheere. and cries of -thafs so." Let me tell politician 
that there is no half-way house in this matter, and 11^ 
iiegro will surely be allowed the right of sultl■a.•■(■ 
Cheers. The moment the government decided that hi 
uid was necessary to save the government, and put arras 
into his hands, the qu>'stion was settled, b-cause to bear 
urms IS the highest position of honor, and if he was .rood 
enough to fight in the ranks side by side with our brave 
i".'^'* '"„''''"•• he is good enough to go to the polls and 
kill off the vote ol a rebel or a copperhead. Lou.l cheers 
Jf citizens in war, whynot citizens in peace? Thev vot( 
n many of the free Statrs, and no harm has followed 
and no complaint is made, and why not in the rebel 
.states, especially as they constitute' the princiiial part 
ol the loyal people of those States, and, if not permitted 
to vote, every rebel State will send disloyal men toCon- 
yrcss, ready and plotting to precipitate the nation into 
jnterneciiio war whenever the South, through Northern 
co-flpeiation might deem it safe to strike for their inde- 
pendent-e. Cheers. You say I am radical. Well everv 
thing that IS right is radically right, and every thin'- 
that 18 wrong is radically wrong, and the conservative 
«:laims that he is neither one nor the other and 7 
»m glad that God ami the pe, pie are against c^n'serva- 
Tnes. Cheers and much laughter. " I would that you 
Mere hot or cold," says Holy Writ, "and, because 
you are neither hot nor cold, I will spew you out of 
2ny mouth." Cheers nu,l laughter. ^Miy can we no 
learn that what is just is awlays expedient ? (Cheers 1 
ihe Idea of expediency Is the father of all the conipro 
Hiifles whidi have brought woe upon our land Let u^ 
learn from high and holy authority to hold fast tn 
whatsoever things are true, whatsoever thinL-s are 
Lonest, what.soevor things are just, whatsoever thin" s 
are pure- to abhor that which is evil and cleave to that 
which IS good.'- (Cheers.) I have been successlV, a! 
liost men. and years ago I faced the frowns of an in- 
.hgnant public sentiment by going to the polls and vot- 
ing against the amendment to the State Constitntir.n 
rrohUuting negroes from coming to the St.ats of Illinois 
(Ulcers.) I have ever advocated the sweepin.' of tin 
I. lack laws frotii our statutes with a f-ift ami resistless 
Jiand, and had the pleasure after so long a time, of see- 



in. ti. .as. LegHature comply wuh th^ ^^^ciT ::^z!:zc^:':^:::-,^i:^ t^^^:f^:; 



lionsofmy message in that regard. (Cheers.) Ao Gor- 
-r.ior ofyour Slate, in every cast where malicious men 
^iav(, imrsiiffd the poor negro upder the black laws to 
lines. iMip.nsonincnt and sale. 1 bay,.granfo.l a full p:„- 
bin : and when asked the reason, I have'. simply an- 
■<wered that I pardoned him for being black— llia"t,God 
.as made «f one 'Mood all nations of men to dwell upon 
the lace ot the earth. (Cheers.) I did it because the laws 
were unconstitntiomtl, and because I would not discrace 
the age and country in which I live, or allow the cSurts 
to occupy then- time in enforcing such a barbarous law. 
I thank God that 1 have never cast a vote or uttered 'i 
sentiment against Immaa freedom; and no loud alar- 
ums of popular applause, no shining height of human 
power shall ever seduce me to give up the God-^'iven 
sentin^ents of my heart in favor of freedom and hirman- 
ity. I believe that the right to vote is a most elevat- 
ng process, and holds out the greatest inducements to 
iclucation and preparation for i„R proper exercise And 
fir this reason I hold out tlis elective franchise freely to 
everj poor wanderer from foreign oppression that" be 
imay at once commence preparaticn for the li5gh dutiis 
)fan American citizen. (Cheers,)- 

You say the negro is not inTelRgcnt enoujih to vofe 
but thistest would lead to the fjisfranchisduient of a 
large ilorticni of the whites. Moreove'r,'the perpetuity 
Of our institutions depends ncjt alone on the intelli- 
gence, hut on the intelligence and virtue of the people 
I he negroes have had sense enough to be loyal, and 
hght for the government ; while their masters have 
only hac sense enough to bo traitors, and to fight 
:igaiiist their country. J say ourgovernment exists bv 
tbevirhieas well as the intelligence of the people and 
while the negroes are not as literary as their aristocrat- 
ic master, nor more learned than the poor whites thev 
have more virtue and honesty than both put together. 

And lastly, we are making the experiment of self- 
government, and that test can never be properly made 
except by allowing all to vote, and giving the niajority 
the light to rule. This is the genius of our goverHment 
lam willing to trust it, and believe that with these 
principles our glorious government, founded on the will 
of all, protected by the power of all, and protcjcting ths 
nghlH of all, will survive all the storms of internal 
couviilsiotis can defy the world combined-and rising 
higher and higher in grandenr and in glory, will be the 
happiest, freest, and most honored nation amon"- the 
i.atiuns of the wc^rld. (Cheers.) Then I am here t">dar 
tearlessly to proclaim my creed, and to stand or fall by 
It. Now, here, elsewhere, always. I am asainst seces- 
sion and slav-ery, for an undivided Union, for universal 
freedcim. and for universal sutfiage. [(Jreat Cheering. I 
If slavery had any lease for longer life, when it laid 
Its assassin hand upon th^ life of the noble Lincoln 
tor that last tearful crime its last lingering breath 
would be driven from its accursed body. Abraham 
bincoln lived long enough to lead us through the Ked 
Seaofthis terrible war; h* laid down the true policy 
upon which this nation is to live, and in his speecho,; 
otters, messages, proclamations and g.„,,t acts, he h,as 
left us lessons enough to guide us in all our duties as 
citizens, and in all our public affairs. Hundreds of 
boc.ks will bo written, but were my object simply to 
± \ n '""" "'t'*' ♦ "-""'gh all time, it woulcl be 
cnc^ugh all else would be waste of paper, to say that 
on the Ist of.)annary. 186,5. Abraham Lincoln, thegrcat 
emancipator, issufd his proclamation of emancipation 
and gave freedom to his country, and to a long oppres- 
sed race.-Great cheering.-Abraham Lincoln-let us 
•laine the name once again In solemn, reverent silet'ce 
'hi'iiin on '* '" deathless, undying splendor, forever 
But though slavery und treason as-saseinated our 
President the government still lives. One of the sub- 
ime^st pages of our history will be that on the davo 
the death of he chief of the nation, in the room of an 
.bscure hotel in the city of Washingtcm. the oath of 
.fflce was administered by Chief .Justice Ch.ise to the 
new President in the presence of a half dozen friends 
-of whom I was one-and straight forward without a 
lar the government moved majestically onward as 
hcmgh no cal.amity had fallen upon the nation The 
issassinmay slay an hundred presidents, but 'thank 
TOd the great government of the United States shall 
stand, and the gates of hell and death shall not^:^:|{ 
'-"'"^\ "t.-Great^cheering.-Our government, by rea»- 
m of the fiery ordeal through which is has passed will 
be morcj honored respected and feared throughout the 
«orld than ever bef «e : and standing over the erave of 



beaming ui)0D 




pies, 5 cents , -j topit^a, ^^ - , r > 



copies, , 

more, at the rate of $2 50 per hundred 



THE ONLY .SALVATION, EaUALlTY OF RIGHTS. 



SPEECH 



HON. RICHARD YATES, OF ILLINOIS, 



IN THE SENATE OF THE UNITED STATES, FEBRUARY 19, 18G6. 



The Senate hsiving under consideration the joint 
resolution (II. R. No. 51) proposing to amend the Con- 
stitution of the United States — 

Mr. YATES said: 

Mr. President : I send to the desk to be read 
Senate bill No. lOG, which I introduced on the 
!2',Jth January last, and in favor of" which I pro- 
pose; to speak to-day. 

The Secretary read the following bill : 

A bill to protect citizens of the United States in their 
civil and political rights. 

Whereas the Constitution of the United States a,bol- 
ishes slavery in all the States and Territories of the 
United States, whereby all constitutions, laws, or reg- 
ulations of any State or Territory in aid of slavery 
or (jrowinsj out of the same are null and void; and 
whereas, by virtue of said abolition of slavery, all men 
in all the Stales and Territories are citizens, entitled 
to all theritjlits and privilegesof citizens, subject only 
to the legal disabilities applic-able to white jiersons; 
and whereas, also, it is expressly provided that Con- 
frress shall liave power to enforce by appropriate legis- 
lation the aforesiiid ))0wer abolishing slavery, which 
cannot be done without protecting all citizens against 
all restrictions, penalties, or deprivations of right 
resulting from slavery, and securing to them all their 
civil and political rights, including the elective fran- 
chi.se: Therefore, 

Be it iiaucted tiij the Senate and House of liepresenta- 
llvciofthv Unirnl States of America in Vongmiis (tssern- 
b/ed. That no Slate or Territory of the United States 
shall, by any constitution, law, or other regulation 
whatever, heretofore in force or hereafter to be 
.idopted, make or enforce, or in any manner recog- 
nize any distinction between citizens of the United 
States or of any tifateor Territory on account of race 
o'' color or condrlion, and that hereafter all citizens, 
without distinction of race, color, or condition, shall 
be protected in the full and equal enjoyment and 
exercise of all their civil and political rights, includ- 
ing the risht of suffrage. 

Mr. YATES. I confess, sir, to some em- 
barrassment in addressing the Senate at this 
time, and the greater because I know that the 
positions which I assume will be different from 
those of honorable Senators for whose opinions 
I have verygreat respect, and to whom it would 
seem becotning that one so humble as myself 
should defer. But, sir, the opinions which I 
have seem to me very important ; and it appears 
to nic that I cannot discharge my duty as u 



representative of the State which I have the 
honor in part to represent on this floor without 
expressing them. In doing so, it is with the 
conviction that this question, as was remarked 
by the distinguished Senator from Indiana [Mr. 
IIendricks] the other day, is the gravest which 
has ever been discussed by the American. Sen- 
ate. The duty of this Congress, it seems to me, 
is one of tremendous responsibility. Our action 
ought not only to be eifectnal, but it ought to be 
timely and final. A mistake now will be fatal. 
Delays breed danger. We ought to do to-day 
what it will be too late to do to-morrow. It will 
not do to receive the rebellious States into full 
fellowship in the Union now, because they are 
not fit to come in. It will not do to keep them 
out, for it is dangerous to keep them out too 
long. We desire a restored Union. In union 
there is strength ; but in union there is weak- 
ness if the parts, like oil and water, will not coa- 
lesce. A rope of sand will not hold together. 
We should aim to do what Mr. Lincoln almost 
always did, the right thing at the right time, in 
the right way, and at the right place. It should 
b<i our aim as legislators to legislate, not for a 
part of the country only, butforthe whole coun- 
try, upon principles that will stand the test of 
time by standing the test of impartiality, of 
equality, of justice, and righteousness. 

And, sir, if this Congress having the power, 
as I believe it clearly has, by a general law to 
restore, through harmonious adjustment, the 
rebellious States, instead of fearlessly and 
promptly exercising thati>ower, waits for some 
constitutional amendment whicii cannot be 
adopted, or which if adopted is not founded on 
correct principles, we shall be recreant to our 
duty, and we shall incur and deserve to incur 
the reproach of the nation and of mankind. • 

In discussing the bill which I have had the 
honor to introduce, 1 shall not attempt to con- 
trovert any of the principles which have been 
entertained heretofore by either the llepublicau 
Union pnrly or the Democratic party so far as 



2 



the jurisdiction of the States over the question 
of slavery was concerned under the Constitu- 
tion of the United States ; nor shall I contro- 
vert the proposition that the States have the 
power under the second section of the first 
article of the Constitution to regulate the quali- 
fications of the electors in the States. I shall 
attempt to show, on the other hand, that by the 
amendment to the Constitution abolishing sla- 
very, Congress already has the power by a gen- 
eral law to plo all that is proposed to be done 
by the various amendments which have been 
submitted to both Houses of Congress. _ If Ave 
shall fail, having that power, to exercise it, then 
by reason of the long and dangerous delay which 
will occur, and by reason of the almost criminal 
omission on the part of Congress to exercise its 
plain constitutional duty, this Government is 
in danger of passing into the hands of a party 
whose action and sympathies have been opposed 
to the prosecution of the war for the suppres- 
sion of the rebellion, who voted our glorious 
war a miserable failure at the expiration of four 
years of brilliant service, who opposed the proc- 
lamation of emancipation, who opposed the 
amendment abolishing slavery in all the States 
and Territories in the United States, who to- 
morrow, if they had the power, would repeal 
your test oaths, who would pardon Jeff. Davis, 
who at this very session of Congress are upon 
the record in opposition to the protection of the 
rights of the freedmen, and who stand ready 
now to receive in the Senate and House of Rep- 
resentatives Senators and Representatives-elect 
fresh from secession State Legislatures and from 
battle-fields where their hands were imbrued 
in the blood of our loyal countrymen. 

This is the aspect of affairs as it seems to me 
to-day. There is only one way of salvation for 
the country. Your amendments to the Consti- 
tution of the United States cannot be adopted. 
If we have not the power now under the Con- 
stitution of the United States to secure full free- 
dom, then, sir, we shall not have it, and there 
is no salvation whatever for the country. Let 
not freedom die in the house and by the hands 
of her friends. 

Mr. President, the work of reconstructing a 
Government, of restoring rebellious States to 
their former condition, is a more difficult work 
than building up a new Government. The 
statesmanship which attempts to restore rebel- 
lious and shattered States to their former rela- 
tions to the Government must encounter pre- 
judices growing out of local State governments, 
State regulations, the conventionalities and 
usages of society, judicial decisions, the con- 
rticts of Federal and State authority, and all 
the numerous and divergent opinions of men 
with regard to the fundamental rights of the 
citizen and the mode of securing those rights 
and administering the Government. 

The work of our fathers, though one of sublime 
niagnitude, as herculean as it was grand, yet was 
iui exceedingly simple one. Though its funda- 
mental object, to carry out their principles by 
the machinery of well-adjusted and regulated 



government, required the picked men of the 
world, whom God in His kind providence fur- 
nished the nation, yet the object they had in 
view was exceedingly plain, simple, and easy 
to be understood. What was that object? To 
establish freedom, to secure equality to all men, 
to secure the right of the majority to rule; or. 
to use the language of the present President of 
the United States, "to secure exact justice to 
all men; special privileges to none." Who 
will deny that these were the objects for v/hieh 
the Revolution M-as fought, and for which th<i 
Declaration of Independence v.as made? 

These being the objects of our fathers, I do not 
deny that when they came to form a Government 
they encountered an institution which was hos- 
tile to the principle which they attempted to 
establish. I do not deny that in an evil hour 
of compromise, for the sake of concord among 
the States and to secure the adoption of the 
Constitution, they most reluctantly recognized 
the ingtitution of slavery in the Constitution of 
the United States, as is proven by the fact that 
representation was denied to the colored man 
in the slave States except through the white 
electors, and the other clause of the Constitu- 
tion which permitted the forcible ai'rest of the 
fugitive slave and his return to his master. Bui 
it was from no fault of the ]n-inciples of our 
fathers that our national troubles sprang up : it 
was from a departure from their principles in 
the respect to which I have alluded. Slavery, 
which they supposed to be so small an element,^ 
which they supposed to be temporary in its char- 
acter, which they in their hearts believed the 
States themselves would very soon abolish, grew 
from a few persons to millions in number, and 
the institution became so profitable and so 
cherished that the leaders of the South finally 
planted themselves upon it as the very basis 
and corner-stone of society and government. 
Two systems of government and civil society 
existed in the country, two systems of labor, 
both supported by great and powerful interests 
and energies, warring, jarring, antagonistic, 
belligerent, each striving for supremacy. Sla- 
ver}^, in fact, through adroit politicians, became 
the balance of power, and, wielded and for a 
time shaped and controlled the policy and legis- 
lation of the country. Slavery became almost 
the Government of the country, and no impor- 
tant question could be discussed in the country 
except by its relative bearing upon the institu- 
tion of slaver3^ It doomed to ignorance, pros- 
titution, and crime nearly four million people, 
appropriated the proceeds of their labor, en- 
forced ignorance upon them by severe penal- 
ties against education, and secured obedience 
by the lash, the revolver, and the bloodhound. 
The slaveholder, rioting in wealth from the 
bended back and shrill agonies of the crouching 
slave, became arrogant and aristocratic, and 
learned not only to believe in African slavery, 
but boldly to denounce free society as a failure, 
and hence the condition of the poor white man 
of the South became scarcely nujre tolerable 
than that of the slaves themselves. 



But, sir, I will not follow this history, the 
, ; fierce, domineering, bullying spirit of slavery 
""' in our national Capitol, its attempt to establish 
' itseU" by force upon Kansas, &c., but simply 
say that its front became so brazen, and its aims 
and demands were at such hostile variance with 
• our free institutions, that it became evident that 
" the two systems of freedom and slavery could 
not exist in the same land. And when Abra- 
, ham Lincoln, the great emancipator, camebe- 
'' fore the American people to define and to as- 
sert the great proposition that this nation could 
not remain half slave and half free, when the 
slaveholders saw that the power was departing 
from them by the admission into the Union of 
new free States, when they saw that they could 
no longer rely upon full cooperation from their 
northern sympathizers, and a resolute spirit in 
. the northern States to resist the further en- 
croachment of slavery, then they waxed wroth, 
and in the pi-ide and insolence which the system 
had engendered they drew the sword and struck 
at the life of the nation. It was under such cir- 
cumstances as these that the rebel States raised 
the banner of revolt, ordained themselves out 
of the Union, fired upon our flag, and forced us 
into that self-defensive war which, thank God 
and our brave Army, resulted in the total ex- 
termination of the monster slavery, and planted 
our flag wherever traitor hands had pulled it 
down. 

What was this war about? "State rights." 
Ttwas a question whether the Constitution and 
laws of the United States were to be the su- 
preme law of the land, or whether State sov- 
ereignty, as it was termed, was to be the supreme 
law. It was whether a State, at its mere pleas-' 
ure and volition, had aright to secede from the 
Union and to establish a separate and inde- 
pendent government. It was State rights, which 
we now see resuscitated, creeping up again, 
and peering out from manifestoes in high quar- 
ters, and interpolated, in my humble judgment, 
withoutany proper connection, into funeral ora- 
tions. "Staterights," which saysif Congress at- 
tempts to assert its power Kentucky will go out 
of the Union. ' ' State rights, ' ' which the honor- 
able Senator from Maryland says, if Congress 
attempts to regulate the qualification of electors 
in the States, they will claim the right to resist 
the act even to the point of revolution. Let 
me here say by way of parenthesis, God forbid 
we should have any more revolution ; but, sir, 
I am here to say — not in the language of threat- 
ening, but speaking for the State which I rep- 
resent, covered all over with glory as she is, 
having sent two hundred and fifty thousand of 
her brave volunteers to the field to put down 
the late rebellion — should traitor hands again 
fire on the flag, she is just as ready now as she 
was then to send five hundred thousand more 
men to crush out the fell spirit of rebellion and 
disunion. [Great applause in the galleries.] 

The PRESIDING OFFICER, (Mr. Doolit- 
TLE in the chair. ) The interruption has been 
so frequent of late in the gallery that the Chair 
feels called upon to enforce the order of the 



Senate and to direct that the galleries be cleared. 
The Sergeant-at-Arms will clear the gallery on 
the right of the Chair. 

The Sergeant-at-Arms proceeded to execute 
the orders of the Presiding Ofiicer. 

Mr. GUTHRIE. I think the applause was 
an inadvertence on the part of the galleries, 
and I would be very glad if the Chair, on re- 
consideration, would reverse its order. I will 
almost pledge myself ibr the galleries that the 
disturbance will not be repeated. 

Mr. HOAVARI). I hope so, too. 

The PRESIDING OFFICER. The Chair 
will submit the question to the Sena.te whether 
the order to clear the galleries shall be reversed 
or not. 

The question being p\it, the order was re- 
versed. 

The PRESIDING pFPICER. The Chair 
understood the suggestion of the Senator from 
Kentucky to he that the order made by the Chair 
be reversed with the express understanding 
that if there is any repetition of the- disturb- 
ance in the galleries the order will hereafter be 
strictly enforced. 

Mr. GUTHRIE. _ That is my understand- 
ing, and I hope it will never take place again. 

The PRESIDING OFFICER. The Chair, 
therefore, under the direction of the Senate, 
will withdraw the order to clear the galleries, 
with that understanding. 

Mr. YATES. Yes, sir, "State rights" is 
again the bugle note! "State rights," as 
though one refractory child in a family had the 
right to control not only all his brothers and 
sisters, but the father from whom he derived 
being and support. I had in the simplicity of 
my heart supposed that "Staterights," being 
the issue of the war, had been decided. I had 
supposed that we had established the proposi- 
tion that there is a living Federal Government 
and a Congress of the United States. I do 
not mean a consolidated Government, but a 
central Federal Government which, while it 
allows the States the exercise of all their ap- 
propriate functions as local State governments, 
can hold the States well poised in their appro- 
priate spheres, can secure the enforcement of 
the constitutional guarantees of republican gov- 
ernment, the rights and immunities of citizens 
in the several States, and carry out all the ob- 
jects provided for in the preamble of the Con- 
stitution, " provide for the common defense," 
"promote the general welfare," " establish jus- 
tice," and " secure the blessings of liberty to 
ourselves and to our posterity." 

Is it to be pretended now that we are to leave 
to thirty-six States the determination of the 
fundamental question of citizenship? Can it 
be expected that the local politicians of the 
States will adjust upon a right basis the rela- 
tions of the freedmen? Why shall we throw 
this bone of contention again into tlie States 
to breed a new and dangerous agitation? If 
we leave these questions to an outside power, 
to the Congress of the United States, wlio ex- 
ercises its power according to the Constitution 



and under the Constitution, even if it confers 
suffrage upon thefreedman, all will suVjmit and 
rejoice in the end. Thoy are evon now pre- 
pared to surrender these questions upon the 
ground of the late conquest of the Govern- 
ment. But if we leave them to the States, then 
v.e have no security for the citizen : we cannot 
have uniformity of legislation : if we give up to 
the States the power to decide the fundamental 
question of citizenship upon which the life of 
the Government depends, then we must expect 
wrangling and distinctions of classes, which may 
! »salt in a war qriite as bloody and as fatal as 
that which recently has shrouded our land in 
the weeds of sorrow. 

Let UH not commit the fearful error of our 
fathers by a departure from the orgr.nic prin- 
ciples of justice and eriual rights, and sow the 
.-eeds of a future conflict of races, of future 
war and permanent disunion. 1 

Mr. President, while I do not agree with all j 
the propositions contained in the able and mas- j 
terly speech of the Senator from Wisconsin, j 
[Mr. DooLiTTLE.] yet I do agree with him in one 
proposition, and that* is, that these States are 
not out of the Union. That was what we were ! 
fighting about. They appealed to the sword, j 
'J'hey threw all they had and all they were into ' 
the contest, and they lost, and these States are 1 
still in the t7nion, and by the blessing of 
Almighty God they shall ever stay in this Union. 

But I agree with our late President that this > 
i>- a most pernicious abstraction. I presume 
that the difference between gentlemen on this 
question results from impressions that the 
legislation of Congress for their reorganiza- 
tion depends upon their stains in this regard. 
i" is not so at all. To illustrate: both the 
Senators from Wisconsin, [Messrs. Doolit- 
. LE and Howe,] while they disagree so widely 
jn the question whether the States are in the 

nion. yet they sufficiently agree on all the 
J lestions which we are practically to consider, j 
They both agree upon the proposition that to 
Congress is left the question of reopening our 
doors to the admission of Senators and Rep- 
resentatives from the rebel States. They both 
agree upon the other vital question, that these 
-rates are not to be permitted to resume their 

ractical relation with the Union until they by 
raeir conduct show that they are willing to give 
an unfeigned and heartfelt allegiance to the 
Union, or that they are willing to come into 
the Union upon'terms which shall forever settle \ 
this question, and upon such a basis as will 

revent the recurrence of another war, and 
-■cure, if not indemnity for the past, at least 
-ecurity for the future. But. sir, we can accom- 
modate both of these gentlemen without any 
r louble whatever. The States are in the Union 
in law; they are out of the Union in fact. So 
far as any legislation that we propose to apply 
to them to presence our territorial integrity 
and submission to the laws is concerned, they 
are in the Union, and yet we may regard the [ 
rebellious population as out of the Union for 
all purposes of representation until they comply 



with such just requirements as we may impose 
for securing protection to loyal men and pun- 
ishment to criminals. The case is anomalous : 
national self-preservation is the paramount Jaw 
of our action. We have not treated them either 
as Slates in full fellowship, nor entirely as 
States without government. 

It is simply a question of fact whether thcj 
are in a condition to be restored to all their 
rights in the Union or not. Upon that question 
I am sorry to disagree with my friend from Wis- 
consin, now in the chair, [Mr. Doolittle.] I 
have regarded him as a statesman ; I still so 
regard him ; and since my acquaintance with 
him I have feelings for him warmer than admi- 
ration. But I cannot account for the delusion — 
I will take back that term, and say that he is 
vastly and lamentably at fault when he is will- 
ing to open our doors wide to the readmission 
of the rebellious States into full fellowship into 
the Union with their present hostile feelings to 
the United States without further guarantees on 
their part or protective legislation upon our part. 
Vrhy, sir, look at the facts that boldly and de- 
fiantly stand out upon the record of southern 
disloyalty, and stare us like ghastly specters in 
the face. We see the Governor of Alabama 
appointing two rebel Senators judges of the 
supreme court but recently. We know that the 
only passport to southern ofSce. to the Legis- 
lature and to Congress, is fidelity in the rebel 
army and in the rebel cause. We know there 
is a bitter and unrelenting hostility toward the 
freedmen who ha%'e been emancipated by the 
constitutional amendment, as is proven by the 
orders of General Terry in Virginia, General 
Sickles in South Carolina, General Thomas in 
Mississippi, and by the general order of Gen- 
eral Grant, interposing the strong arm of mili- 
tary authority to prohibit oppressive discrim- 
inations against the freedmen in those States. 
They are as defiant in their dangerous dogma 
of State sovereignty as when the war began. 
They are clamoring for the payment of the rebel 
debt. They are opposing the payment of the 
debt incurred by the United States. ITiey are 
demanding compensation fortheir slaves. They 
treat our test oath as a nullity. They jeer our 
glorious flag. They caricature our institutions 
in their theaters and public assemblages ; and in 
their hearts they curse the day they were made 
to submit to the authority of the Union. 

Mr. President, does that honorable Senator 
propose that these States shall be received into 
this Union, that ths rebels shall be allowed to 
go to the polls and exercise the right of suf- 
frage, while the loyal men v»'ho have bared their 
breasts to the storm of battle in obedience to the 
call of Abraham Lincoln, and with bis promise 
that they should be maintained in their freedom 
— yes, ''maintained.^' that's the word — while 
they are disfranchised? Y/hile the tragedies of 
the cruel war. traitorously provoked, are fresh in 
our memories and the blood of our countrymen 
cries to us from the ground, is ray friend from 
Wisconsin willing to turn over the government 
of those States to secessionists and rebels, to 



the virtnal exclusion and disfranchisement of 
the brave Union nien who have borne aloft our 
flag amid the storm and thunder of battle? Sir, 
until that promise of Abraham Lincoln is re- 
deemed, that the freedmen shall be '•main- 
tained in their freedom," is made good to those 
men who wore the United States uniform, those 
men who rallied under the glorious folds of oar 
old flag by the side of our brave boys and min- 
gled their warm blood in the same current with 
theirs upon many a gory battle-field ; those men 
who flashed .two hundred thousand bayonets in 
the &ce of Jefferson Davis and traitors, I will 
never consent that those States be received into 
foil brotherhood in the Union. They shall be 
vouchsafed at least every right which the rebels 
themselves shall enjoy. 

And I appeal to yon, Mr. President, I ap- 
peal to Senators, by the bloody memories of 
the war; by the/ears of the soldier's widow and ■ 
the soldier's orphan boy; by the sufferings and 
miseries and death of those brave men who in 
obedience to God went forth to fight the battles 
of the country, and whose bones now lie in nn- 
marked graves upon aoQthem soil; by the grand \ 
solemnities which surround the murder and ' 
memory of Abraham Lincoln; by the love we 
bear our country, for which they fought and fell ; i 
and by all oar hopes for lasting peace and per- ! 
Boanent Union, that now, having the power, we ' 
will plant the pillars of the Government upon ' 
the granite foundations of God's eternal justice 
and upon the undying p>rinciple3 of individual i 
and universal human liberty. 

While I speak thus, I say to the Senator from 
Wisconsin [Mr. Dooijttle] that I will be as 
prompt as he whenever they by their conduct 
evince the proper spirit; whenever they show 
that they renounce their old ideas of allegiance i 
to the South alone, and will give unfeigned. ' 
heartfelt allegiance to the Government, and ; 
will present to us constitutions republican in 
fonn and laws equal and iropanial to ail, I -aiil 
join that Senator and hail the aus&icious dav 
when as of yore, on, the land and the sea, and i 
over ail the States reunited, high over aU, shall 
float the Etar-apangled banner. i 

Sir, there is one basis upon which these dif- 
ficulties can be settled, and only one, and that 
is to return to the fundamental principles which 1 
were aimed to be established by our father;. 
and to give rights to those men whom in ;. 
evil hour they most reluctantly disfranchisec. 
Vain is the hope of the statesman, however 
high he may be, who expects that we can set- 
tle these questions upon any other basis than 
upon the basis of the principles laid down in 
the Declaration of T -' ' ' T ' ! - Con- ■ 

gress does not ado, ,; ^iU, ■ ' 

There is (I say it ,.,....,., .,, ...,, s/rea* 

presence) only one salvation. It yon do n. 
seize the splendid oppcrtnnity, the next Cor. 
^ess will. All yonr amendments must fail. 
They lack the motive power. They are like 
a watch with all its machinery bcaitifuUy 
adapted, but without the mainspring. They are ' 
without the motive power, that living element i! 



! of republican Governments, the popular will: 
i and without that they cannot beadopted. Is it 
1 reasonable to suppose that even all the free 
;l States wll adopt the amendment which has 
|, been reported by the honorable chairman of 
the committee on reconstruction? I simply 
; submit the proposition, and know the answer 
of every gentleman. Is it reasonable to sup- 
pose that the slave States will either consent 
to curtail their representation one half, or that 
they will confer the right of franchise upon the 
;. freedmen? And in the mean time are we to 
; keep up a standing army or Freedmen's Bu- 
, reau, With thousands of officials, to hold them 
■| m subjection to the Government? I do not 
'■ say now that I may or may not vote for any of 
these anpendments. It is not material to my 
proposition whether I do or not. I may vote 
; for them in view of the one thousandth chance 
; that they may pass. 1 consider the whole 
, of them imperfect, and as postponing the 
' period of restoration to a day far too remote 
{ for the future security and peace of the conn- 
j try. It is entirely immaterial ao far as the 
[ position I take is concerned, for I contend 
I that Congress has the power now as fully and 
I as completely in every respect as it could be 
1 given to them by any amendment to the Con- 
! stitution, by general law, under the recent 
amendment, to secure the reorganization of 
the Government upon the basis of justice and 
equality. 
, I believe it was the distinguished Senator 
I irom Massachu.setts [ilr, Wilso.v] who said 
: that he did not expect to wait until there was a 
change of heart in the southern people. I agree 
with him, and more than that, I say that if we 
wait until the southern people, shall learn to 
love the Yankees and to haffe slavery and to 
love the Government by whose strong arm and 
chastening rod they have been whipped into 
obedience, the time will be long, and i fear so 
far in the future that in the mean time our long 
and dangerous delay and our omission to use 
the power we already clearly have might result 
in a calamitous change of parties and in the 
restoration of the rebellions States in a condi- 
tion quite as objectionable as when they first 
rebelled with all the chances and probabilities 
of a future war and final separation. 

p-j that Congress will not attemnt theim- 
=; task of making the South' love the 
- ! ^^"t what I do hope, and what is reason- 
able to ho|>e, is that we shall remove forevertbe 
causes which have divided us, and settle all dif- 
ferences upon principles which will prevent any 
cause of quarrel or division in the future, and 
lay the foundation for perpetual peace and 
union, and which can only 1/e done upon the 

' ail, and removing ail 

-ee, color, or any pre- 

- — -4 oat of the institution 

ot Slavery. 

Sir, by the bill which I presented I nail th^ 
colors of universal suffrage to the masthead- 
not in South Carolina or Georgia or Kentnck? 
but I meet the vitaJ issue of the hour, and pro- 



6 



claim that under the Constitution as amended 
it is not only our right but our duty to extend 
the suffrage to every American citizen in every 
State, and to all the country subject to the 
jurisdiction of the United States. 

I also wish, by way of prelude to my argu- 
ment, to remark that the questions at issue are 
fundamental; they are organic, and we can 
arrive at no correct conclusions without inves- 
tigating all the rights — natural, civil, and polit- 
ical — to which every American citizen is enti- 
tled. 

It involves the settlement of several ques- 
tions. 

What is slaveiy ? 

What is freedom? 

Who is a citizen ? 

Who makes, or how does a person become 
a citizen ? 

What are the rights of a citizen ? 

How are the rights of a citizen secured to 
him ? 

These questions are asked not in reference 
to citizenship in some foreign Government, not 
in reference to the common law, but in refer- 
ence to the United States of America, where 
we have founded a Government upon the basis 
of equal laws -and universal liberty. All these 
questions I shall not answer in detail, but all 
will be embraced in the positions I shall as- 
sume. I will only remark generally that in the 
United States, on account of the democratic 
features thereof, all the terms I have used have 
a distinctive national meaning, applicable to 
our nation alone. For instance, Webster, in 
giving the various definitions to the word 
''citizen," defines that in the United States 
a citizen means "a person, native or natural- 
ized, who has fhe privilege of exercising the 
elective franchise, or the qualifications which 
enable him to vote for others and to purchase 
and hold real estate." While I admit that in 
law others than voters may be citizens, in this 
country no man considers himself a full citizen 
till he has the right to vote. The minor does 
not consider himself free, "his own man," 
until he can vote. So of the foreigner ; and by 
universal consent the ballot is recognized as the 
badge of the American citizen. 

Since I introduced my bill, the honorable 
Senator from Massachusetts [Mv. Sumner] has 
inti'oduced a bill in which he founds the right 
to secure universal suffrage to all freemen in the 
rebellious States upon that clause of the Consti- 
tution which "guaranties to every State a re- 
publican government," and I understand him 
to found his argument upon the idea that before 
the adoption of the amendment to the Consti- 
tution, Congress had power to enforce the pro- 
visions of that guarantee in every State in the 
Union. I am sorry to disagree with the hon- 
orable gentleman, for the reason I have already 
stated, that under the late Constitution of the 
United States, as I understand it, our fathers 
in an evil hour compromised, and recognized 
the existence of slavery, and that under a de- 
cision of the Supreme Court of the United 



States it was decided that a man who was a 
slave, or who was the descendant of a slave, or 
who was liable to be bought and sold, or who 
was excluded from the society of our fathei's at 
the time the Constitution was adopted, was not 
a citizen, and therefore under that decision the 
States had the power to exclude black persons 
from the exercise of the right of suffrage. The 
Senator from Massachusetts is right, however, 
in presenting that clause as part of his argu- 
ment, because under the amendment abolish- 
ing slavery no State constitution can be repub- 
lican in form which disfranchises any citizen of 
the United States. The bill of the distinguished 
Senator is objectionable because it is partial 
and operates only upon the rebellious States. 

All, however, turns upon the simple proposi- 
tion contained in the bill which I have offered, 
the guarantee to all citizens of their rights under 
the recent amendment to the Constitution. 

Then, sir, I come to the only proposition 
which is feasible, and which, if not adopted by 
this Congress, will be by the next. I say this 
with deference to others. 

The recent amendment abolishes slavery in 
all the States and Territories of the United 
States ; not in South Carolina or Georgia alone, 
but in Illinois and every other State, and by 
that amendment, as I understand, the distin- 
guished Senator from Kentucky [Mr. Guthrie] 
to admit — and I honor and thank him for the 
admission — all constitutions, laws, and civil reg- 
ulations in support of slavery as a matter of 
course fall to the ground. Congress by this 
amendment attempted, what? It undertjook to 
secure freedom to four millions of our people 
who had formerly been in bondage ; and how? 
It has been asked, if slavery is already abolished 
and all laws and institutions growing out of 
slavery fall to the ground, why pass a law by 
Congress to enforce that provision of the Con- 
stitution? I will tell you why. Because a law 
is necessary by the very terms of the second 
clause of the amendment to give effect and 
operation to the clause abolishing slavery. 
"Congress shall have power," to do what? 
"To enforce;" enforce what? Enforce the 
foregoing clause of the Constitution abolish- 
ing slavery. How shall it enforce it? By legis- 
lation. What sort of legislation? By "appro- 
priate legislation." How "appropriate?" By 
legislation appropriate to the end in view. What 
is the end in view? It is the freedom of these 
four millionhuman beings, who have been eman- 
cipated into the people of the United States. 
My distinguished colleague asked the question, 
is it possible that we will set four million human 
beings free in the United States and will not 
guaranty to them the protection of their civil 
rights? I extend the question, and I ask, shall 
we set four million human beings free in the 
United States and not extend to them their 
political rights ? But it is said the right to vote 
is a mere political right. At the hazard ©f 
being a little tedious I shall attempt to sh»w 
that civil and political rights, according to the 
construction of the courts, are entirely sjmony 



mous. Wendell's Blackstone, volume one, page 
123, says: 

"And, thcret'orc, the principal view of human law 
is, or ought always to be, to explain, protect, and 
enforce such rights as are absolute, which in tnem- 
titlves arc few and simple; and then such rights as 
are relative, which arising from a variety of connec- 
tions will be far more numerous and more compli- 
cated." 

Does any Senator on this floor say that there 
k> not the same duty to secure the relative or 
political rights to the citizen that there is to 
secure him in the enjoyment of his natural 
rights? The reason why it is made the first 
duty to secure to a man his natural rights is 
because they are first simply in order. First, 
natural rights from the necessity of the case, 
and then the relative rights, which are more 
numerous, are to be secured ; not that one is 
more important than the other, no more than 
in the orders of the Senate petitions are to be 
considered as more important than the consid- 
eration of bills because they are first intro- 
duced. They are alike equally important, and 
it is as much the duty of the Government to 
secure the political rights as it is the civil rights. 
On page 125, Blackstone says: 

"But every man when he enters into society gives 
np apart of his natural liberty as the part of so valu- 
able a purchase, and in consideration of receiving the 
advantages of mutual commerce, obliges himself to 
conform to those laws which the community has 
thought proper to establish." 

What is a civil right? It is such a limitation 
or extension of the natural right as is conferred 
by statute. That makes it a civil regulation ; 
that makes it a civil law ; that makes it a civil 
right. For instance, every man in a state of 
nature has a right to acquire, hold, and dispose 
of property, but when the Legislature interposes 
and by law says that he«shall convey it by deed, 
or that the first deed recorded shall be evidence 
of title, that is a civil regulation. 

Now, let me ask you whether in a state of 
nature, when men have organized themselves 
into a community, is it not the natural right of 
every man to have a voice in the affairs of that 
community? Is not that a natural right? If 
he confers that right upon representatives or 
upon somebody else to administer, and a law is 
passed declaring that he shall give expression to 
that voice hy the ballot, then it becomes both a 
civil and political regulation at the same time. 
Sir, go back to the days of our colonial history, 
and in all our colonial assemblages, where our 
forefathers met to discuss the affairs pertaining 
to the colonies ; where they fired their hearts 
for the great Revolution in which they were 
soon to be engaged, how did they decide all 
matters of controversy? By a show of hands. 
Each man raising his hand voted whether or 
not the measure for taxation or for public im- 
provement or for educational purposes or for 
any other purpose should be adopted. AVhen 
it is proposed that he shall exercise that voice 
by a statutory provision establishing a ballot, 
does it become any less a natural right? Is it 
any loss a civil right? It is a natural, civil, 
and political right. 



But again, to show that this is a distinction 
without a difference, I refer you to Blackstone, 
on the same page, wherein he says: 

"Political, therefore, or civil liberty, which is that 
of a memberof society, is no other than natural lib- 
erty so lar restrained by human laws (and no further) 
as IS necessary and expedient for the general advan- 
tage of the public." 

The meaning of that is, that civil and polit- 
ical liberty are synonymous terms. Blackstone 
applies the same definition to both. I hope 1 
shall be pardoned now if I refer to a decision 
of the Supreme Court which is conclusive upon 
that point. I quote from Judge Daniels, one 
of the assenting judges in the Dred Scott de- 
cision. He says in 19 Howard, page 476: 

"Hence it follows necessarily, that a slave, the pe- 
culiumor property of a master, and possessing within 
himself no civil nor political rights or capacities, can- 
not be a citizen. For who, it may be asked, is a cit- 
izen? What do the character and status of citizen 
import? Without fear of contradiction, it does not 
import the condition of being private property, th« 
subject of individual power and ownership. Upon a 
principle of etymology alone, the term citizen, as de- 
rived from civitas, conveys the ideas of connection er 
identification with the State or Government, and a 
participation of its functions. But beyond this, there 
is not, it is believed, to be found, in the theories of 
writers on government or in any actual experiment 
heretofore tried, an exposition of the term citizen 
which has not been understood as conferring the act- 
ual possession and enjoyment or the perfect right of 
acquisition and enjoyment of an entire equality of 
privileges, civil and political." 

He declares it to be not only his own opinion, 
but that it is the universal opinion of all legal 
writers upon the question, that by the term cit- 
izen is meant one who is entitled to both civil 
and political rights. 

The object of the constitutional amendment 
was to secure freedom to the slave and to those 
who have suffered from the institution of sla- 
very. It will not be pretended that Congress 
ever meant to set four million slaves free, to 
emancipate them into freedom, and at the same 
time leave them without the civil and political 
rights which attach to the free citizen. And 
hence, sir, the Senate at this session have passed 
the bill introduced by my colleague [Mr. Trum- 
bull] to protect all persons in the United States 
in their civil rights, and also to provide courts 
and laws with adequate penalties for the vindi- 
cation of those rights. It provides that "the 
inhabitants, of every race and color, without 
any regard to the previous condition of slavery, ' ' 
shall have the same " right to malie and enforce 
contracts, to sue and be parties and give evi- 
dence, to inherit, purchase, lease, sell, hold, and 
convey real and personal property ; and to fail 
and equal benefit of all laws and proceedings for 
the security of person and property." Here, 
sir, I contend, we have fully established the prin- 
ciple, and upon the same principle have full 
right and constitutional power to pass the bill 
which I have proposed, protecting the inhabit- 
ants, of every race and color, without regard to 
any previous condition of slavery, in all their 
civil and political rights, including the right of 
sulFrage. 

The Dred Scott decision is referred to, to 
show that the negroes are not citizens; but 



8 



that decision was made under the Constitution 
of the [Inited States before this amendment 
was adopted. That decision, overturning, as 
it did, the whole line of judicial authority, and 
abhorrent to the civilization and Christianity 
of the age in which we live, went so far as to 
say that the negro at the period of the adop- 
tion of the Constitution had no rights which a 
white man was bound to respect, and to lay 
down the doctrine that slavery could go into all 
the Territories of the United States, independ- 
ent of popular sovereignty, of the will of the 
people, or of the Constitution of the United 
States. But, sir, tliat decision is wijjied out; 
it has gone down to a kindred doom with the 
institution which it was intended it should per- 
petuate; and I now quote from the decision 
itself to show that under the existing state of 
affairs, under the constitutional amendment, the 
freedmen are citizens by the irresistible deduc- 
tions and inferences from the Dred Scott de- 
cision itself. In the celebrated case of Dred 
Scott vs. Sanford, which is reported in 19 How- 
ard, page 404, is the following language ; I read 
from the opinion of Chief Justice Taney: 

"The words, 'people of the United States' and 
' citizens ' are synonymous terms and mean the same 
thing. They both describe the political body, who, 
aoeordins to our republican institutions, form the 
sovereignty, and who hold the power and conduct the 
(lOvernment through their representatives. They are 
what we familiarly call the sovereign people,' and 
every citizen is one of this people and are constit- 
uent members of this sovereignty." 

Now, sir, if that was the case, wliy was Dred 
Scott not a citizen? We shall find out. The 
decision then proceeds to state why negroes 
were not included as a portion of the people 
and constituent members of the sovereignty: 

"Because they were at that time considered as a 
subordinate and inferior class of beings who had been 
subjugated by the dominant race, and whether eman- 
cipated or not, yet remained subj ect to their authority, 
and had no right or privileges but such as those who 
held the power and the Government might choose to 
grant them." 

Is not the inference irresistible that if by any 
subsequent amendment of the Constitution they 
became a part of the people, they would be cit- 
izens and entitled to the same rights and privi- 
leges with all the other citizens of the United 
States? The decision goes on to quote the 
words of the Declaration of Independence : 
" We hold these truths to be self-evident, that 
all men are created equal," &c. The Chief 
Justice then proceeds to comment on that 
clause, as follows : 

"The general words above qnotcd W9uld seem to 
embrace the whole human family, and if they were 
used in a similar instrument at this day would bo so 
understood. But it is too clear for dispute that the 
enslaved African race were not intended to be in- 
cluded, and formed no partof the people who framed 
and adopted this Declaration; for if the language, as 
understood at that' day, would embrace them, the 
conduct of the distinguished men who framed the 
Declaration of Independence would have been utterly 
and flagrantly inconsistent with the principles they 
asserted; and insteadof the sympathy of mankind, to 
which they so eontidontly appealed, they would have 
deserved and rec«ived universal rebuke and repro- 
bation." 

And now what shall be said of us at this day, 



when they are clearly included in the terms of 
the Constitution, and by special clauses therein 
are made free people, if we fail to carry out the 
full spirit and fair interpretation of the Consti- 
tution of the United States with regard to tWs 
long oppressed race of our fellow-citizens? \Vill 
we not be utterly and flagrantly inconsistent if 
now, by the very terms of the Constitution, we 
are required to treat them as people and as 
citizens, and we fail to do so? 

Mr. SAULSBURY. While the honorable 
Senator is on this point, will he allow me to 
put a question to him? 

Mr. YATES. Certainly. 

Mr. SAULSBURY. Under the registering 
law of the State of Maryland more than one 
half of the former voters of that State are ex- 
cluded from the right of suffrage, although they 
have never been convicted of any crime. Many 
of the most prominent citizens of the State, 
who have never been convicted of crime, or sus- 
pected b}'' any fair-minded man of having been 
guilty of crime, are excluded from the right of 
voting. Are those men, more than one half 
the former voters of the State, who are now 
excluded from voting in that State, citizens, 
or are they not? 

Mr. YATES. I will answer that question, in 
the course of my remarks, and will only make 
the statement now, that neither any State in 
this Union, nor the Congress .of the United 
States, has power under the Constitution or 
under the decision of the Supreme Court to 
deprive a citizen of the prerogative of the elect- 
ive franchise. That is the position I assume. 
I have but just now read from the decision of 
the Supreme Court, by Chief Justice Taney 
himself, to show that the "people" of the 
United States were th% " citizens" of the Uni- 
ted States. Who made the Constitution of the 
United States ? " We the people" "do ordain 
and establish this Constitution. ' ' Did the Con- 
stitution make the people of the United States? 
No, sir. The moment a man is a freeman, by 
any law, by any constitution in the United 
States, that man becomes one of the body- 
politic. He passes into the body of the sov- 
ereignty, as it is termed by the decision of 
the Supreme Court. He is one of the people. 
He is one of the citizens of the United States 
of America ; and as I shall presently show, no 
State, nor Congress, except by constitutional 
amendment, has any right whatever to dejjrive 
a citizen entirely of the right of suffrage. 

I will read further from the same decision. 
This decision goes on to say, on page 426 of 
the same volume : 

"No one, we presume, supposes that any change in 
public opinion or feeling in relation to this unfortu- 
nate race, in the civilized nations of Europe or ni 
this country, should induce the court to give to the 
words of the Constitution a more liberal construction 
in their favor than they were intended to bear when 
the instrument was framed and adopted." * * 
* * _ "If any of its provisions arc doomed unjust, 
there is a mode prescribed in the instrument itself 
by which it uuiy bo amended, but while it remains 
unaltered, it must be construed now as it was under- 
stood at the time of its adoption." 



9 



But it has been altered ; the negro is no longer 
regarded as a slave or belonging to a subject 
race, but as the gentleman from Maryland. 
[Mr. Johnson,] even, admits, he is a man, and 
susceptible of the highest cultivation. 

It is in the light of this new estimate of the 
freedman that we are to consider the provisions 
for his emancipation now in the Constitution, 
and to confer upon him the full and equal en- 
joyment of all his rights. Sir, I do not believe 
our fathers had any such low estimate as was 
attributed to them in that decision, but that 
they did most reluctantly compromise for rea- 
sons before stated. I vindicate them from the 
black stain implied by any construction v/hich 
would go to show that they meant "all men" 
except the negro "are created equal." 

I said, I did not believe the framers of the 
Declaration meant to exclude any particular 
class or race of men, when they declared all 
men equal. Sir, facts are stubborn things, and 
no logic, not even of the most astute and pro- 
found lawyer, can destroy the force of any im- 
portant fact. It is a stern, stubborn, historical 
fact that at the time of the adoption of the 
Constitution the frecdmen, inhabitants of the 
States of New Hampshire, Massachusetts, New 
York, New Jersey, and North Carolina, were 
not only citizens of those States but possessed 
the franchise of electors on equal terms with 
the other citizens, and, sir, were not only in- 
cluded in the body of the people of the United 
States by whom the Constitution was made, 
but voted on tlie question of its adoption. Is 
it not strange that the framers meant to say that 
they were not included in the Declaration of In- 
dependence who were suffered to vote whether 
or not the Constitution should be ordained and 
established? 

There is another stubborn fact which goes to 
show that the fathers did not design to make 
the distinction in favor of white men only, and 
that fact is this, that while the Articles of Con- 
federation were under the consideration of Con- 
gress, on the 23d June, 1778, the delegates from_ 
South Carolina moved to amend the fourth of 
the fundamental Articles of the Confederation, 
which reads as follows : 

"The free inhabitants of each of these States, pau- 
pers, vagabonds, and fufjitives from justice excepted, 
shall be entitled to all the privileges and immunities 
of the free citizens of the several States." 

They moved to amend this fourth article by 
inserting after the word "free," and before the 
word "inhabitants," the word "white;" teo 
that the privileges and immunities of general 
citizenship would be secured only to white 
persons. Only two States voted for it, while 
eight voted against it, and the vote of one State 
was divided, and the language of the article 
remained unchanged and went into the Con- 
stitution of the United States without any re- 
striction to white persons. 

But whether or not the fathers meant to ex- 
clude free colored persons, the decision in the 
Dred Scott case was made under the Consti- 
tution before the recent amendment, and the 



court, in the following emphatic language, leaves 
the inference irresistible that the decision would 
be different in case of an amendment of that 
instrument. 

I quote from 19 Howard, page 426 : 

" No one, we presume, supposes that any change in 
public opinion or feeling in relation to this unfortu- 
nate race in the civilized nations of Europe, or in this 
country, should induce the court to give to the words 
of theConstitution a more liberal construction in their 
favor than they were intended to bear when the in; 
strument was iramed and adopted." * * * » 
"If any of its provisions are deemed unjust, there is 
a mode prescribed in the instrument itself by wl)(ich 
it may be amended ; but while it remains unaltered, 
it must be construed now as it was understood at th« 
time of its adoption." 

The meaning of this, sir, was that a slave or 
a descendant of a slave could not be a citizen 
under the Constitution as originally adopted, 
and that it must be so construed until the Con- 
stitution is altered. It has been altered, and 
conforms to public opinion of the present day. 
which demands the recognition of the manhood 
of the negro. 

And there is not a word in that whole decis- 
ion which, under the Constitution as altered, 
does not go to support the proposition that the 
freedman, under the amendment, stands upon 
the same footing of civil and political equality 
with the white man ; subject to the same stat- 
utory disabilities, and entitled to all the rights 
and privileges of the white man. 

Now, sir, I come to the point to which the 
Senator from Delaware has referred, and ac- 
cording to the decision relied upon especially 
by that Senator, the decision in the Dred Scott 
case, I here take the position that Congress has 
no power to make a citizen, except to natural- 
ize a foreigner, or to make him a citizen by 
naturalization ; nor has a State any such right. 

Mr. SAULSBURY. Had the State of Mary- 
land the right to enact that lav/? That is my 
question. 

Mr. YATES. The State of Maryland can- 
not exclude any man in the United States who 
has in himself the inherent rights, the God- 
given rights of manhood and freedom. Mary- 
land cannot do it, and Illinois cannot do it, 
and all the power of the Congress of the United 
States cannot do it, except by an amendment 
to the Constitution conferring upon Congress 
that power. 

I refer next to the same decision upon the 
question of the rights of citizens in the several 
States. I admit that according to this decision 
every State had a right to exclude an African 
citizen, and the constitution of that State or 
the law of that State was not anti-republican in 
its form ; but when a man becomes a citizen of 
the United States he cannot be excluded by 
any State. I read from the same decision, page 
423 of the same volume, where you will see 
that Chief Justice Taney was trying to show 
that all these State laws would be unconstitu- 
tional if the negro was a citizen, that he could 
come into the State in spite of the power of 
the constitution of the State and claim the rights 
of a citizen, and the Chief Justice goes on to 



10 



show what would be the consequences of such 
a construction : 

" If persons of the African race are citizens of a 
State and of the United States they would be entitled 
to all of those privileges and immunities in every 
State, and the State could not restrict them; for they 
would hold these privileges and immunities under the 
jjaramount authority of the Federal Government, and 
its courts would be bound to euforcc them, the consti- 
^tiition and laws of theState to the contrary notwith- 
^standing. And if the States could limit or restrict 
them, or place the party in an inferior grade, this 
clause of the Constitution would bo unmeaning, and 
could have no operation, and would give no rights to 
the citizen v/hen in andther State. He would have 
none but what the State itself chose to allow him. 
This is evidently not the construction or meaning of 
the clause in question. It guaranties rights to the 
citizen, and the State cannot withhold them." 

If the Senator from Maine [Mr. Fessenden] 
were now in his seat I would show him where 
the penalty is for such a law as I propose. 
Whenever a law in any State is unconstitutional 
the courts are bound to enforce the Constitu- 
tion. There is the penalty. We can receive 
them or not receive their members-electof Con- 
gress or members of the State Legislature. 
There is penalty again. And now, if such legis- 
lation is not absolutely necessary, yet it is 
highly expedient that at least a declaratory law 
.should be passed so that uniform construction 
and uniform obedience and submission to the 
Constitution may be secured from all the States. 

Now, sir, I come to the other proposition, 
and it is etpally clear, that neither Congress 
nor a State make a citizen, except that Congress 
may naturalize foreigners, and is founded on 
good sense and reason. I read now from page 
419, Chief Justice Taney's decision: 

" The Constitution upon its adoption obviously took 
from the States all power by any subsequent legisla- 
tion to introduce as a citizen into the political family 
of the United States any one, no matter where he was 
born, or what might be his charsicter or condition; 
and it gave to Congress the power to confer this char- 
acter upon those only who were born outside of the 
dominions of the United States." 

The decision goes on to say that therefore 
no law.of Congress or of any State can deprive 
a citizen of his rights. 

Sir, there was one view upon which this de- 
cision did deprive the freedman of the right to 
vote. What was that? It was upon the same 
view that a woman is deprived of the right to 
vote. What was that? Because he could not 
come to the support of and defend the Govern- 
mmit ; and I have the decision of the Supreme 
Court here, which is ii-resistible on that point. 
If a man can come to the support and defense 
of the Government, he is necessarily one of the 
body-politic and one of the people of the Uni- 
ted States. I dwell upon these points at some 
length knowing that they are tedious, but I am 
making them not only for the Senate but for 
the country, for it is the reflex intluence of our 
great constituency on Congress to which Hook 
for the passage of the bill I propose. In the 
same volume, page 415, the Chief Justice cites 
the case of New Hampshire to show that the 
negroes vv-ere not citizens under the Constitu- 
tion of the United States, and gives as a rea- 



son that they were not enrolled in the militia 
of the United States. Let us see what he says : 

"The alien is excluded, because, being born in a 
foreign country, he cannot bo a member of the com- 
munity until he is naturalized ; but why are the Af- 
rican race, born in the State, not permitted to share 
in one of the highest duties of the citizen? The an- 
swer is obvious. Ho is not, by the institutions and 
laws of the State, numbered among its people. He 
forms no part of the sovereignty of the State, and is 
not therefore called on to uphold and defend it." 

The moment the LTnited States of America per- 
mitted the name of the freedman to be enrolled 
on that list of immortal names who bore the ban- 
ner of the Republic in triumph, and planted its 
victorious folds upon the battlements of the en- 
emy, this Government, by the proclamation of 
Abraham Lincoln, declaring that his freedom 
should be maintained, and by its pledge made to 
the civilized world, said that he should be not 
only a citizen in war but a citizen in peace. I 
know that we are met on every hand by the argu- 
ment that women are excluded i'rom the right 
of sufi'rage. The answer to that is very easy 
and very plain. I am not proposing to am.end 
the Constitution of the Unit6d States ; and there 
is no power in the Constitution to confer the 
right of suffrage upon a woman. According 
to the spirit of the decision to which I have 
referred, and by the universal consent of man- 
kind, she is hot a part of the body-politic so 
as to exercise the right of suffrage. Now, if 
these gallant gentlemen are so anxious to con- 
fer suffrage on the ladies, and have them min- 
gle in the broils of parties and elections, let 
them bring in an amendment, and I am not sure 
that I will not vote for it. 

AVhen it is asked why may she not vote since 
she is often a tax-payer, I answer that there are 
restrictions which are inevitable. Minority is 
such a restriction. Woman is excluded by the 
inevitable proprieties of the case. The ballot 
is in politics what the Ijayonet is in war. Those 
only who wield the sword are, by the universal 
consent of both ancient and modern civiliza- 
tion, supposed capable of wielding the ballot. 
We should most certainly violate the proprie- 
ties of humanity were we to compel the softer 
sex to take part in the bloody work of physical 
warfare. And yet, sir, to thrust woman into 
the arena of political strife is quite as abhorrent, 
in a degree, and would be quite as destructive 
of her womanly qualities, as to compel her to 
take part in the shock of arms. 

The only exception to the rule of ancient 
times, that woman should not bear arras, is to 
be found in traditions regarding the Amazons. 
They are represented a very warlike race of 
women as having depriyed themselves of the 
right breast, that they might be the better able 
to Avield the weapons of warfare. Would my 
friend from Missouri [Mr. Hexderson] per- 
mit such an act of barbarity in the case of the 
elegant and majestic ladies of his State, so re- 
markable for their beauty and so irresistible 
in the fascination of their womanly charms? I 
know what his answer would be. AVell, would 
he do what is worse, have her do morally what 



11 



the Amazons did physically, by thrusting _ her 
into the strifes and stern conflicts of politics 
and elections, pari with those softer, more deli- 
cate, more lovable qualities, which constitute 
her the ornament of society, and which, as 
Edmund Burke says, "inspire in man the high- 
est and noblest passions of human life? ' ' I airr- 
not proposing to amend the Constitution of the 
United States. If any of the gentlemen who 
propose to amend the Constitution wish to dis- 
play their gallantry, let them propose to amend 
it in this respect. There are some reasons 
which are applicable to them which are not 
applicable to the male portion of the people. 
They do not bear all the burdens of the Gov- 
ernment ; do not work the roads ; they do not 
tight in the Army. 

I come, then, to the question, how is a citizen 
of the United States made ? How does a man 
become a citizen of the United States? Those 
who were citizens of the United States at the 
adoption of the Constitution were the people. 
" We, the people, do ordain and establish this 
Constitution. ' ' The words ' ' people' ' and ' ' cit- 
izen" are synonymous, as I have shown. Now, 
sir, I show that by the amendment to the Consti- 
tution of the United States the former slave has 
become a freeman ; his disability is removed; 
he is no longer one of a subject race; he can- 
not be bought and sold ; he steps from his con- 
dition of slavery into the family of freedom, 
becomes one of the body-politic, and is one of 
the sovereign people. And, sir, if no State can 
make him a citizen, and if the Congress of the 
United States cannot make him a citizen, ex- 
cept through an alteration of the Constitution 
so as to confer upon Congress the power, then 
he never can be a citizen except through the 
operation of the recent amendment, and he and 
his descendants forever must be deprived of 
"this great right of franchise. Sir, they are cit- 
izens, or they are slaves. They are subjects, or 
they are sovereigns. This is exclusively a white 
man's Government, or it is a Government for 
all men. 

What, then, is the objection to passing the 
bill for which I contend ? It is evident that you 
cannot confer freedom upon the slave without 
exercising your power under the Constitution. 
If you go before the people with constitutional 
amendments they will be voted down in the 
slave States and in some of the free States. 
The result will be that the people, determined 
to do justice to this class of men, will find the 
power where it properly belongs, in the consti- 
tutional amendment securing to them freedom, 
and in the subsequent clause which makes it 
the duty of Congress to enforce by appropriate 
legislation the prohibition of slavery and to 
secure full freedom, civil and political, to all 
catizens. 

Why will we not manfully meet the issue, and 
exercise the power v/e already have, and by a 
genei'al law of Congress enforce the provision 
of tlie Constitution in all the States alike — in 
Illinois and Tennessee, in Maine and in South 
Carolina? I deny the conclusion of the Sena- 



tor from Missouri that there is reason to believe 
the Supreme Court, even under the hard ruling 
of the Dred Scott case, would decide the law 
unconstitutional. 

What court, after the Dred Scott decision, will 
again incur the infamy of all history by such a 
decision as this would be against justice and 
the enlightened convictions of the wise and 
good everywhere? 

I know what the politician's objection is. 
The politician's objection is, "Why take this 
out of the hands of the people of the States?" 
Sir, we do not take it out of the hands of the 
people of the States. The people of the States 
have by the Constitution conferred the power 
ujaon us ; they have placed the responsibility 
upon us ; and they will brand us with moral 
cowardice if, waiting to pass amendments which 
never can be adopted, we fail to exercise the 
power which we clearly have. 

I like the amendment of the Senator from 
Misssouri, [Mr. Henderson,] but it can never 
be adopted. But I am opposed to it because we 
have already the power in the Constitution to 
do the same thing. Is there any statesman here 
who dares rise in his place and say that we have 
the right to secure to the freedman all his civil 
rights, to give him the right to enforce con- 
tracts, to testify and be a party to suits, to 
acquire, hold, and dispose of property, but 
cannot secure him in his most essential right, 
the right by which he j^rotects himself in the 
enjoyment of all his civil rights, of his person, 
of his family, his life, and his reputation ? I 
say, sir, that you cannot abolish slavery, you 
cannot secure freedom to the slave unless, by 
appropriate legislation, you pass a bill to give 
him that freedom in all the States and Terri- 
tories of the United States. 

Sir, let gentlemen come forward and meet the 
issue like men. Let them come forward and do 
what they have by the Constitution the clear 
power to do, and that is a sine qua non in 
order to carry into effect the constitutional pro- y\ 
hibition of slavery. As for me, I would rather 
face the music and meet the responsibility like 
a man and send to the people of the State of 
Illinois the boon of universal suffrage and of a 
full and complete emancipation than meet the 
taunt of northern demagogues that I would 
force suffrage upon North Carolina and Ten- 
nessee and Delaware while I had not the coui-- 
age to prescribe it for our own free States. Sir, 
it will be the crime of the century if now, having 
the power, as we clearly have, we lack the nerve, 
to do the work that is given us to do. 

Let me say to my Republican friends, you 
are too late. You have gone too far to recede 
now. Four million people, one seventh of your 
whole population, you have set free. Will you 
start back appalled at the enchantment your 
own wand has called up? The sequences of 
your own teachings are upon you. As forme, 
1 start not back appalled when universal suf- 
frage confronts me. When the bloody ghost 
of slavery rises, I say, " Shake your gory locks 
at me; 1 did it." I accept the situation. I 



12 



fight not asainst the logic of events or the de- 
crees of Providence. I expected it, sir, and 
I meet it half way. I am for universal suf- 
frage. I bid it "all hail!" "all hail!" 

Four million people set free ! AVhat will pro- 
tect them? The ballot. What alone will give 
us a peaceful and harmonious South? The 
ballot to all. What will quench the tires of dis- 
cord, give us back all the States, a restored 
Union, and make us one people? The ballot, 
and that alone. Is there no other way? None 
other under the sun. There is no other sal- 
vation. 

Senators, go to the country with it. Write it 
upon the sky. Inscribe it upon your banners, 
and hang them on the outer walls. It is the 
flaming symbol of victory. Sir, tell me not that 
"the people will vote us down on this propo- 
sition." Address that argument to cowards. 
' ' With the free and the brave it avails nothing. ' ' 
You give the wliite rebel the right to tax the 
loyal freedman, and to impose whatever bur- 
dens he pleases upon him, and you call that 
freedom. 

Liberty without equality is no boon. Talk 
not to me of civil without political emancipa- 
tion ! It is the technical pleading of the law- 
yer; it is not the enlarged view of the states- 
man. If a man has no vote for the men and 
the measures which tax himself, his family and 
his property and all which determine his repu- 
tation, that man is still a slave. You say that 
the citizen may liave all his rights, to testify in 
courts, to enforce contracts, to acquire and dis- 
pose of property ; but he shall not have his most 
essential right, the right to vote, because, you 
say, the right to vote is not a natural or a civil 
right, but a political right. Suppose tliat is 
true : what of it? It is a distinction without a 
diiferenee. It is a special plea, and too narrow 
for statesmanship. The only way to give eflect 
to your constitutional amendment — the only 
practical way — is to exercise the power which 
you have to secure every right, natural, civil, 
political, to all the people. 

I here positively deny that we can give effect 
to the constitutional amendment giving free- 
doi 1 to the slave, and yet debar him of the only 
weapon with which he can protect himself in 
that freedom. Emancipation, in the light of our 
Government, means not only the breaking of 
the chains of slavery, not only destroying the 
stahu! of the slave, but it means conferring upon 
him every right which every American citizen 
enjoys. The legislation which secures the bal- 
lot is the only "appropriate" legislation. Your 
BVeedmen's Bureaus are well enough as a tem- 
porary measure ; but if you will give the freed- 
man the ballot, he needs no such law. Give 
him equality in fact, the law will follow. The 
laws as they are for all other persons will be 
all he needs. Give him the ballot, and he will 
become an ideniilied clement in society, and 
the politicians who now jeer and deride him, 
who point to his infirmities, will pander to 
him, and he will become self-sustaining. 

Sir, the Ijallotwill finish the negro question ; 



it will settle everything .connected with thi.? - 
question. Give the freedman the ballot, and 
we need no Freedmen's Bureau, we need no 
military rt^»ne, we need no vast expenditures, 
we need no standing army. The ballot will be 
his standing army. The- ballot is the cheap 
and impregnable fortress of liberty. I may be 
pardoned for quoting the oft-quoted stanza: 

" Tliorc is a WGapon surer yet 
And better than the bnyonet ; 
A weapon that comes down as still 

As snow-ilakes fall upon the sod, 
And executes a freeman's will 

As lightning does the will of God; 
A weapon that no bolts nor locks 
Can bar— it is the ballot-box." 

The ballot will lead the freedman over the 
Red sea of our troul)les. It will be the brazen 
serpent, upon which he can look and live. It 
will be his pillar of cloud by day and his pillar 
of fire by night. It will lead him to Pisgah's 
shining height, and across Jordan's stormy 
waves, to Canaan's fair and happy land. Sir, 
the ballot is the freedman' s Moses. So far as 
man is concerned, I might say uhat Mr, Lin- 
coln was the Moses of the freedman ; but who- 
ever shall be the truest friend of human free- 
dom, whoever shall write his name highest upon 
the horizon of public vision as the friend of 
human liberty, that man — and I hope it may 
be the present President of the United States — 
will be the Joshua to lead the people into the 
land of deliverance. 

Mr. President, there is one clause of the Con- 
stitution which I confess, when I commenced 
examining the Constitution to find this power 
in favor of equality, seemed to me an objection 
to the exercise of power which I have proposed,, 
and that is this clause in section two, article one: 

"The House of Representatives shall be composed 
of members chosen every second year by the people 
of the several States, and the electors in each State 
shall have the qualifications requisite for electors of 
the most numerous branch of the State Legislature." 

If there was any force in that provision of 
the Constitution before the present amend- 
ment was adopted, there is none now. If the 
States could exclude an elector or any citizen 
from the right of suffrage before the adoj^tion 
of the amendment, thej'' cannot do so now, and 
why? Because the amendment being the last 
clause inserted in the Constitution, repeals every 
former clause in conflict with it. It is the sub- 
sequent organic act of the people, and by the 
adoption of this amendment every freedman 
becomes one of the people, a citizen of the 
United States, and no Legislature has any 
power to disfranchise him. It has the right to 
regulate the qualifications of whom? Of elect- 
ors ; of those men who have a right to vote ; of 
those men who do vote. It can restrict them by 
certain limitations and qualifications. But does 
tlie word ' ' regulate ' ' imply a power to destroy, 
or does it mean to preserve? The word "reg- 
ulate" means to make rules. Its derivation is 
from the Latin word regida, a rule. It is to pre- 
scribe qualifications for the citizens, for those 
wlio are entitled to vote, but there is no power 
whatever to destroy the rights of a citizen or 



13 



to disfranchise a citizen ; and though the freed- 
man might have been disfranchised before the 
amendment, because not then a citizen, he is 
now a citizen by the operation of the amend- 
ment, and there is no power in the State to 
disfranchise him. 

Mr. Clay, when he contended that Congress, 
under the power in the Constitution "to regu- 
late commerce" amongtheseveralStates, "had 
the right and the power to build up commerce, 
to establish lines of steamers between this 
country and foreign countries, and to build 
railroads between the several States," never 
claimed that under that power ' ' to regulate com- 
merce" Congress had a right to destroy com- 
merce. And there was one universal opinion 
among the Democratic party that the word 
' ' regulate' ' simply meant to prescribe the rules 
and regulations by which commerce already in 
existence should be carried on. This clause 
means that the States shall determine, not who 
shall vote, but when, how, and where the elect- 
ors shall vote, and that it may determine the 
time and place and manner in which they shall 
vote, and imj^ose restrictions, not disfranchise- 
ment. 

I can make this question plain to any one. 
I ask the Senator from Oregon whether the 
Legislature of the State of Oregon can ever 
disfranchise him — can ever deprive him of his 
God-given right of suffrage ? I ask the Sena- 
tor from Minnesota whether there is any power 
in that State to deprive me of the right of fran- 
chise if I remove there? Is there any power 
to deprive any of my descendants of that right ? 
Ls there any power to deprive any of the people 
of the United States of that riglit? Ifthe power 
exists, and it can exclude me, may it not ex- 
clude one half or three fourths of the people, 
and leave the governing power in the hands ot 
an oligarchy? 

I ask you whether the State of South Caro- 
lina can have a provision that no Yankee shall 
vote in that State? If they could, they would 
adopt it with a will and a vengeance. Can any 
State in this Union decide that no German shall 
exercise the right of suffrage? I very much 
doubt the constitutionality of the law of Mas- 
sachusetts, which says that the German shall 
not vote until he can read the English language, 
because that may amount to a virtual dislran- 
chisement of some. I can say that it would 
be a very inexpedient law anyhoAv, for some 
of the best voting that is done in this country 
is pure unadulterated German. Suppose that 
Brigham Young should organize a sort of im- 
perium in impeno in Utah, and after that State 
was admitted into the Union tlie Legislature 
should decide that none but disciples of the 
Mormon faith should vote, or, as all tests of 
religion are excluded by the Constitution, sup- 
pose that State were to decide that no man who 
had not two wives should be allowed the right 
of suffrage, would it not be the duty of Con- 
gress to interfere and protect the right of the 
citizens who may go into that State ? 

I will ask another question. Suppose, as has 



often been the case, a white man is declared a 

slave and he becomes free, is there any power in 
the vState of Maine or any other State in this Union 
to disfranchise him, to take away from him en- 
tirely the right of suffrage ? You will answer, no. 
Well, sir, does the tinge of complexion alter 
the inalienable, the intrinsic, the inherent, the 
God-given rights of the American citizen? I 
admit that the States may prescribe qualifica- 
tions, not to destroy but to preserve the elective 
franchise of the freeman. There may be regis- 
try laws to protect the purity of the ballot and 
to prevent frauds ; the minor under twenty- 
one years of age may be excluded. In the very 
nature of things there must be a period of ma- 
jority affixed to infancy ; but do you deprive that 
minor of the right to vote altogether ? No, sir. 
" Dormitur aliquando jus, moritur nunquam'^ 
— "the right may sleep, but it dies never." 

But there is another point in this article one, 
section two, to which I desire to call attention. 
Observe that the clause reads : 

"The House of Representatives," &c., "shall be 
chosen every second year by the people of the several 
States." 

Now, who are the people of the several States ? 
Are they not the whole people? If there are 
any people in the several States not included in 
this clause, who are they? But Judge Taney 
says that people and citizens are synonymous. 
And it has been universally understood that the 
people of the States means all male citizens 
thereof over twenty-one years of age. There 
is no limitation in the words of the Constitution, 
and there can have been none, if by the people 
that formed the Constitution was meant the 
whole people of all the States, granting the 
exception as to the subject race according 
to the Bred Scott decision. But that> excep- 
tion no longer existing, then ^he words ' peo- 
ple of the several States" must and do mean 
the whole people thereof, minors and women 
excepted. 

Mr. President, I had intended, in the course 
of these remarks, to present my views against 
that class of legislation which is designed to 
secure what is called intelligent suffrage. I 
shall not now argue the point, but will merely 
say that I am unalterably opposed to any legis- 
lation whatever which shall determine the rights 
of the citizen l)y any test of wealth, intelligence, 
birth, or rank. I wish to say to my Repub- 
lican Union friends that whenever they admit 
that principle, the test of intelligence, they 
admit away their argument. If Ave prescribe 
intelligence for the negro and not for the white 
man, it is unequal, it is class legislation. That 
is not the shibboleth of equality of rights for 
all, which you have been crying. Well, if we 
apply it to all who cannot read or write, we 
exclude a large portion of our fellow-citizens 
who have always since the foundation of the 
Government, for eighty-five years past, exer- 
cised the right of suffrage, and exercised it 
well. Why now exclude them? Why, to reach 
the case of the poor freeman, and in order to 
inflict a tyrannous and barbarous restriction 



14 



wpon hira, exclude those who for eighty-five 
years have exercised the right of suffrage, and 
exercised it well ? Sir, such a proposition as that 
cannot obtain five votes in any western Legis- 
lature. The party which commits itself to an 
eixclusion of those men, who for eighty-five 
years have exercised this inestimable right of 
freemen, is already doomed, and ought to be 
doomed forever 

I am not opposed to intelligence. I believe 
that intelligence and virture are the rock-bound 
foundations of our national prosperity and our 
national perpetuity. But if the success of our 
institutions depends more upon the one than 
the other — and I think they are inseparable for 
this purpose — it depends more on virtue. The 
poor loyal slave of the South was more i-eligious 
and more loyal than his slave-master, and almost 
as intelligent, perhaps, as the mass of the wliites 
themselves. While I believe it might possibly 
be safe for the country to permit all to vote, I do 
not think it would be safe for the country to 
exclude either class altogether, or any large 
mass of the people. 

I believe in the foundation theories of our 
Government, that there is more intelligence 
and more virtue in all the people than in any 
part of the people. That is the doctrine for 
Avhich I contend. I contend that the strong 
common sense of the populace of America is a 
safe element in this Government. 

The ballot is the greatest educator. Let a 
man have an interest in the Government, a 
voice as to the men and measures by which his 
taxes, his property, his life, and his reputation 
shall be determined, and there will be a stimu- 
lus to education for that man. 

As the elective franchise has been extended 
in this country we have seen education become 
more universal. Look throughout all our north- 
ern States at our schools and colleges, our acad- 
emies of learning, our associations ; the pulpit, 
the press, and the numerous agencies for the 
promotion of intelligence, all the inevitable off- 
spring of our free institutions. Here is the high 
training which inspires the eloquence of the 
senate, the wisdom of the cabinet, the address 
of the diplomatist, and which has developed 
and brought to light that intelligent and ener- 
getic mind which has elevated the character and 
contributed to the prosperity of the country. It 
is the ballot Avhich is the stimulus to improve- 
ment, which fires the heart of youthful ambition, 
which stimulates honorable aspiration, which 
penetrates the thick shades of the forest, and 
takes the poor rail-splitter by the hand and 
points him to the shining height of human 
achievement, or which goes into the log hut of 
the tailor boy and opens to him the avenue to 
the presidential mansion. 

There will be risk, it is said, in so much ig- 
norance in the body of electors. Has there not 
always been risk? Will there not always be 
risk in every democratic Government? Has 
not Europe poured annually her millions into 
our borders, some of whom cannot read or write, 
and some of whom cannot speak our language? 



Have any of these Senators who propose to « 
prescribe a qualification cf intelligence ever • 
thought of amending the naturalization laws, 
so as to require from foreigners that they should ! 
read and write? 

Sir, the masses may err, but it is not to their ■ 
interest to err. If they do err, they are always ■ 
ready to correct the mistakes which passion and i 
prejudice have brought upon them. But how is i 
it with an aristocracy? Look at this mournful 1 
illustration ; look at the rebellion of the edu- 
cated slave oligarchy of the Souih ; look at the '■ 
devastations of the bloody war which resulted 
from that rebellion. History, upon many a dark 
and bloody page, gives sad and mournful evi- 
dence that the limitation of the powers of Gov- 
ernment to the educated oligarchy or to an 
individual has resulted in wicked machinations 
against the welfare of the people, in the decay 
of empire, in bloody wars, leaving fearful 
devastations in the track of time. 

Why, sir, I will say that there has been in 
all time no usurpation, no conspiracy against 
the rights of the freemen, except upon the spe- 
cious plea of superior intelligence in the usurper 
or conspirators. We shall have to risk some- 
thing. So we shall, sir, and we must trust that 
one ignorant force will counterpoise another 
in the future as it has in the past. 

But, sir, if we prescribe intelligence as a 
guide, what grade of intelligence shall we have? 
When we propose to say that a man who can 
barely read and write shall vote, suppose I move 
to amend your proposition, adding that the man 
who understands English grammar and the 
ground rules of arithmetic alone shall vote ; 
suppose I move to amend by saying that he 
shall have a liberal common-school education ; 
suppose I move to amend by saying that he 
shall have graduated with academic honors. 
Sir, that is the argument ad absurdum. The 
only safe rule is to extend the franchise to all, 
that all the virtue, all the intelligence, all the 
practical common sense, all the wisdom, and 
all the learning of all the people shall be em- 
ployed in the administration of the affairs of 
the Government. I admit that there are restric- 
tions which, as I have said, are inevitable: they 
must be continued, and must be made appli- 
cable to all. They are the mere regulation of 
the suffrage. 

I was never a "Native American," although 
much of the foreign vote was cast against the old 
Whig party to which I belonged; but lam like 
the noble old Senator from Ohio [Mr. Wade] 
when he said, "I am willing to give to every 
man every right that I possess," and if by 
meritorious endeavor, if by playing well my 
part, if by developing any moral and intellec- 
tual faculties, I can attain to a higher position 
of eminence than he, then give me credit for 
it ; but to what praise am I entitled if my su- 
perior foi-tune is the result of exclusive privi- 
leges which I deny to my unfortunate fellow- 
citizens ? 

I wish it distinctly understood that in all I 
have said here I am no one- idea man. I never 



15 



had "negro on the brain." [Laughter.] I 
always fight with the people and for the people. 
I never belonged to the Wendell Phillips or 
Gerritt Smith party. I do not say this from want 
ofrespectforthem,forthey were noble pioneers 
in the cause of human liberty ; but I am for the 
black man, not as a black man; I am for the 
white man, not as a white man, but I am for man 
irrespective of race or color; I am for God's 
humanity here, elsewhere, and everywhere. 

Sir, Mr. Lincoln never said so beautiful a 
thingin all his life, according to my judgment, as 
when he said, "In giving freedom to the slave 
we assure freedom to the free." If we would 
preserve freedom for ourselves and our poster- 
ity, let us see to it that all are free, that there 
are no warring, wrangling, discordant races or 
classes out of which is to grow a future conflict 
of races, future war, and final disunion. 

My distinguished friend on my left, [Mr. 
Davis,] the compeer of Mr. Clay and Mr. Crit- 
tenden, for whom I have such high respect, 
quoted from numerous authors to show tliat the 
freedmen belonged to an inferior race, to which 
I refer for this reason : if the Senator from Ken- 
tucky, the loyal and patriotic Senator from Ken- 
tucky, through the prejudices of education, can, 
with almost barbarous cruelty, parade, in long 
array, authorities from historians to show that 
the negro is an inferior race and not entitled to 
equal privileges with the white man, what may 
we not expect from the southern rebels whom 
negro valor has chastised, and whose secession 
principles negro votes shall yet vote down ? 

Mr. Lincoln made another beautiful remark 
in his letter to Governor Hahn. He said: 

"In some trying time the vote of the black mnn 
may serve to keep the jewel of .liberty in the family 
of freedom." 

Sir, the time may arrive when the southern 
slaveholders and their northern sympathizers 
may come so near having the control of the, 
Government, that the loyal black vote may be 
the balance of power and cast the scale in favor 
of Union and liberty. 

If universal suffrage is wrong, our Govern- 
ment is wrong. I am willing to conform to 
the principles of my Government wherever 
they may lead. If it turns out, as I fondly hope 
it may not, that our fathers were wrong, and 
that our jjeople are incapable of self-govern- 
ment, and that a wealthy few, an intelligent 
few, or a single monarch ought to govern them, 
I cannot help it, but that is not the principle 
for which I am fighting. I am fighting to carry 
out to its legitimate conclusion, to its logical 
sequence, what I believe to be the decree of 
Almighty God, that all men are created equal. 

Gentlemen ask me " if I will go before the peo- 
ple of Illinois with such a proposition as this." 
Ay, indeed, and welcome it. I have no fear 
of the result. Through the clouds of the pres- 
ent I see the brightness of the future. There 
is, deep seated in the hearts of the American 
people everywhere, the firm conviction that 
this negro question, however unpalatable its 
discussion may be, will never be settled until 



it is adjusted upon the principle of justice and 
equality. 

Sir, I can see now plainly the beginning of 
the end. I now seethe apotheosis of that living 
principle which fled the persecutions of the Old 
World ; which sought a home amidst the sterile 
rocks of New England ; which remonstrated 
against taxation without representation ; which 
exhibited its opposition to class legislation upon 
the bloody field of Bunker Hill, and which 
finally culminated in the greatest and most 
majestic and dominant idea of the world — the 
Declaration of American Independence. 

Sir, I am a man of the people ; twenty-five 
years of public service make me believe that I 
understand something of the tenqier and dispo- 
sition of the people ; and I am here to-day to 
say that it is my conscientious conviction that 
if every Senator on this floor and every Eepre- 
sentative in the other House and the President 
of the United States should with united voloes 
attempt to oppose this grand consummation of 
universal equality, they will fail. It is too late 
for that. You may go to the head waters of 
the Mississippi and turn off the little rivulets, 
but you cannot go to the mouth, after it has 
collected its waters from a thousand rivers and 
with accumulated volume is pouring its foam- 
ing waters into the Gulf, and say, "Thus far 
shalt thou go, and no further." 

Politicians may choose their course ; they 
may become frightened at the radical march of 
events ; they may throw pebbles into the mighty 
current of 230pular opinion. But the grand old 
river of progress, of liberty and humanity, and 
God's eternal justice, will roll on. Gentlemen 
may erect altars to conservatism ; but they will 
go down to that vortex into which so many 
compromisers, Union savers, and conserva- 
tives have already gone — "that bourne whence 
no political adventurer ever returns. ' ' Sir, I 
care not who the man may be, though he be a 
Senator upon the floor or the President of the 
United States, however high his title or proud 
his name, if he is false to human freedom "the 
places which know him now shall soon know 
him no more forever!" 

I remember well what the noljls old Senator 
from Ohio [Mr. Wade] said' in his speech ; 
how he was threatened with the anathemas of 
public vengeance when he was in a slim and 
hated minority; but, thank God, he still lives 
to look on the graves of his political opponentR 
and revilers. Having fought the fight, having 
kept the faith, and come up through great trib- 
ulation, he is not here to surrender the citadel 
of liberty to a few guerrilla bands and the raw 
recruits who are wasting their ineffectual fires 
upon the fortifications which have withstood 
unshaken the roar and thunder of the whole 
pro-slavery army. I, sir, though a younger 
man, have a similar experience. I stood side 
by side with the noble Lincoln in every phase 
of these questions. I have fought the fight 
and lived to enjoy the delightful pleasure of 
telling the last Legislature of my State to sweep 
with a speedy, resistless hand the black laws 



16 



from our code. And they did it. They did 
not alter, modify, or amend thoin, but they 
eviscerated them, body and soul, from the 
statute-book, and scattered their black and 
l)loud-stained leaves upon the simoom ol'i^opu- 
lar indignation. 

Sir, what made Abraham Lincoln President 
of the United States? I know he was good, 
VI' ry good ; he was great, very great, in all those 
qualities whicli constitute the statesman ; but 
il was his persistent advocacy of the doctrines 
oi' the Declaration of American Independence, 
in his debates with Stephen A. Douglas, in his 
si)eeches at the Cooper Institute in New York, 
in Connecticut, and in Kansas ; it was his clear 
definition of the principles of human freedom; 
it was those God-inspired words — 

"This Union cannot permanently enduro half slave 
and hair free; Iho Union will not be dissolved, but 
tae house will cease to be divided" — 

it was this which riveted the attention of the 
nation, and made him President of the United 
vStates. And why, sir? Because, despite the 
prejudices of education, which we all have, 
despite centuries of wrong and oppression, 
tliere is somewhere, away down in the depths 
of the human soul — and that soul is deeper than 
oceanic ; it is like infinite space and has no 
boundaries — there is somewhere in the nnfath- 
onnxblc depths of the human soul the love of 
liberty and the hatred of oppression. That 
cliord Lincoln struck, and thus made liimself 
President and his name immortal. Why are 
you Senators here from every north ei*n State? 
Is it because you are able men? But you are 
not the only able men in your States. There 
are men distinguished for great ability and illus- 
trious service in your States. You are here, 
because you have been true to truth, to justice, 
to liberty, and to equal laws. 
• It is too late to change the tide of human 
progress. The enlightened convictions of the 
masses, wrought by the thorough discussions 
of thirty years, and consecrated by the baptism 



of precious blood, cannot now be changed. The 
hand of a higher power than man's is in this 
revolution, and it will not move backward. It 
is of no use to fight against destiny. God, not 
man, created men equal. Deep laid in the solid 
foundations of God's eternal throne, the prin- 
ciple of equality is established, indestructible 
and immortal. 

My way to settle our national troubles is to 
punish some traitors, not for the sake of venge- 
ance, but for the sake of example. There 
ought to be some example made in order t« 
inculcate the idea that treason is a crime in this 
country, and that it will be punished. I would 
then extend pardon to all the rebel masses ; I 
would withhold it from the leaders of the rebel- 
lion. I would confer upon the freedmen, made 
free by the Constitution and laws of the land, 
universal sufl'rage. 

Mr. President, as I said in a speech on the 4th 
day of July last — and I wish to repeat it here 
now, to show that these are no new-formed 
opinions — I say again : 

" This is the geniusof our Government. I am will- 
ing to trust the people; and 1 believe that our Gov- 
ernment, founded upon the will of all, protcetod by 
the power of all, and maintainins the rights of all, 
will survive the storms of civil and external convul- 
sion, and growing in grandeur and power, will bo- 
come one of the mightiest nations on the face of the 
earth. Therefore I am opposed to slavery and seces- 
sion, for an undivided Uuion, for universal freedom, 
aud universal sufiragc." 

Senators, sixty centuries of the past are look- 
ing down upon you. All the centuries of tho 
future are calling upon yon. Liberty, strug- 
gling amid the rise and wrecks of empires in 
the past, and yet to struggle ibr life in all the 
nations of the world, conjures yon to seize this 
great opportunity which the providence of Al- 
mighty God has placed in your hands to bless 
the world and make your names immortal, to 
carry to a full and triumphant consummation the 
great work begun l)y your fathers, and thus lay 
permanently, solidly, and immovably the cap- 
stone upon the pyramid of human liberty. 



Printed at the Congressional Globe Office. 



*=•'•> 



U. S. CRANT. 



SPEECH 



OP 



HON. EICHAED YATES 



OK ILLINOIS, 



ON THE BILL TO REVIVE THE GRADE 



OP 



*'§t\\tul 0f il]c limpf il]t Itnild States/' 



DELIVERED 



IN THE SENATE OP THE UNITED STATES, July 18, 1866. 



WASHINGTON", D. C. 

CHRONICLE PRINT. 
1866. ' 



SPEECH 



HON. RICHARD YATES, 



\^ ■ " OF ILLINOIS. 



Mr. WILSON. I now move to take up House bill No. 3. 

The motion was agreed to, and the bill (H. R. No. 3) to revive the grade 
of General in the United States army was considered as in Committee 
of the Whole. Its first section revives the grade of " General of the army 
of the United States," and authorizes the President, whenever he shall 
deem it expedient, to appoint, by and with the advice and consent of the 
Senate, a General of the army of the United States, to be selected from 
among those officers in the military service of the United States most dis- 
tinguished for courage, skill, and ability, who, being commissioned as Gen- 
eral, may be authorized, under the direction and during the pleasure of the 
President, to command the armies of the United Slates. 

The second section provides that the pay proper of the General shall be 
^400 per month, and his allowances in all other respects shall be the same 
as were allowed to the Lieutenant General .by the second section of the act 
approved February 29, 1864, entitled " An act reviving the grade of Lieu- 
tenant General in the United States army," and that the General may select 
for his chief of staff a brigadier general from among the officers of the army 
holding that rank, and may appoint upon his stall' such number of aides, not 
exceeding six, as he may judge proper, who shall each have the rank, pay, 
and emoluments of a colonel of cavalry. 

The Committee on Military Affairs and the Militia, proposed to amend 
the bill by striking out all of the second section after the enacting clause and 
inserting the following in lieu thereof: 

That the pay proper of the General shall be $400 per moDth, and his allowance for 
fuel and quarters, when his headquarters are in Washington, shall be at the rate o 
$300 per month, and his other allowances in all respects the same as are allowed to 
the Lieutenant General by the second section of the act approved February 29 1864 
entitled "An act reviving the grade of Lieutenant General in the United States army " 
and the chief of staff to the Lieutenant General shall be transferred and be the chief of 
staff to the General, with the rank, pay, and emoluments of a brigadier general in the 
array of the United States; and the act approved March 3, 1865, entitled "An act to 



provide for a chief of staff to the Lieutenant General commanding the armies of the 
United States," is hereby repealed ; and the said General may appoint upon his staff 
such number of aides, not exceeding six, as he may judge proper, who shall each have 
the rank, pay, and emoluments of a colonel of cavalry. And it is hereby provided, 
that in lieu of the staff now allowed by law to the Lieutenant General, he shall be 
entitled to two aides and one military secretary, each to have the rank, pay, and emol- 
uments of a lieutenant colonel of cavalry. 

Mr. YATES. Mr. President, the war through which the country has 
just passed developed many great military men whose names are associated 
with this or that particular campaign, or this or that particular field of bat- 
tle. But viewing the war from its commencement to its close, what man 
is there whose name, like that of Grant, is connected with almost every 
really eflective military movement which marked its progress? What a 
record is his. How marvelous are the ways of Providence in the afi'airs 
of nations and of individuals. What changes, surpassing the enchantments 
of romance, may be seen in four short years. Is it not a matter of profound 
wonder that a man of such stoic simplicity of character and of such surpass- 
ing modesty ; that the plain, unassuming, quiet citizen of Illinois, who five 
years ago sought the humblest service in the armies of the Union, should 
prove to he the only man whose rare genius and energy rose in proportion 
to the colossal demands of the war ; who should rise from the humblest 
clerkship and step by step ascend every grade of promotion to the exalted 
rank of Lieutenant General? Is it not strange that such should be the man 
who has conducted the most gigantic of all wars to a successful conclusion, 
and whose name, glory-crowned with shining victories, shall fill thousands 
of history's brightest pages and live in freedom's anthems to the end of 
time ? 

It would be affectation in me not to acknowledge a personal as well as 
State pride in aiding the bill before the Senate with my voice and my vote. 
As a Senator from the State where General Grant resides, which claims not 
only an interest in common with other States, but also a special and partic- 
ular interest in the fame of her illustrious son, I feel it my duty to advocate 
this measure. Some remarks from me also may not be inappropriate on" 
account of certain personal and official relations in which I stood to him at 
the commencement of the war. 

In April, 1861, I first saw General Grant. I knew nothing of him. I 
did not then know that he had seen service in Mexico ; that he had fought 
at Palo Alto, Resaca de la Palma, and at Monterey under General Taylor; 
or that he had served under General Scott in his memorable campaign from 
Vera Cruz to the city of Mexico ; or that he had been made first lieutenant 
on the field for gallantry at Molino del Rey, and bre vetted a captain for the 
gallant and skillful manner in which he had served a mountain howitzer 
upon the heights of Chapultepec, under the observation of his regimental, 



5 

brigade, and division commanders, as appears from the official reports of the 
battle by General Worth and other officers. 

In presenting himself to me he made no reference to any merits, but sim- 
ply said he had been the recipient of a military education at West Point, 
and now that the country was assailed he thought it his duty to offer his 
services, and that he would esteem it a privilege to be assigned to any 
position where he could be useful. I cannot now claim lo myself the credit 
of having discerned in him the promise of great achievements or the quali- 
ties " which minister to the making of great names" more than in many 
others who proposed to enter the military service. His appearance at iirst 
sight is not striking. He had no grand airs, no imposing appearance, and I 
confess it could not be said he was a form 

" Where every god did seem to. set his seal 
To give the world assurance of a man." 

He was plain, very plain; but still, sir, something, perhaps his plain, 
straightforward modesty and earnestness, induced me to assign him a desk 
in the executive office. In a short lime I found him to be an invaluable 
assistant in my office, and in that of the adjutagit general. He was soon 
after assigned to the command of the six camps of organization and instruc- 
tion which I had established in the State. 

Early in June, 18G1, I telegraphed him at Covington, Kentucky, (where 
he had gone on a brief visit to his father,) tendering him the colonelcy of 
the Twenty-first regiment of Illinois infantry, which he promptly accepted, 
and on the 15lh of June he assumed the command. The regiment had 
become much demoralized from lack of discipline, and contention in regard 
to promotions. On this account, Colonel Grant, being under marching 
orders, declined railroad transportation, and, for the sake of discipline, 
marched them on foot toward the scene of operations in Missouri, and in a 
Short time he had his regiment under perfect control. 

He was assigned to the protection of the Quincy and Palmyra and the 
Hannibal and St. Joseph railroads, and his success in organizing the troops 
under his command, and his vigorous and successful prosecution of ihe cam- 
paign in north Missouri soon procured fgr him the rank of brigadier general. 
He was transferred to Cairo, the most important strategic point in the Mis- 
sissippi valley, and, after organizing his army with marvelous celerity, and 
infusing soon after into these suddenly raised troops the proper esprit de 
corps, he marched upon Paducah and fought the desperate battle of Belmont. 
And here commd'nced that series of splendid victories, from Belmont to Look- 
out Mountain, which turned the tide of our national fortunes, dispelled the 
gloom and despondency which defeat, poor strategy, irresolution, inaction, 
and blunders had brought upon the country, lifted the veil and revealed to 



6 

the Republic at last the man so much needed to lead her armies to complete 
and final victory. 

At Belmont, at Donelson, and at Shiloh, he broke the shell in which 
secession soug;ht to shelter itself, and dissipated the dreams of fancied south- 
ern invincibility. At Vicksburg he probed its very vitals, and destroyed 
the monster in the Mississippi valley, never more to rise. The importance 
of Vicksburg as an. objective point, and as affecting the destinies of the war. 
was fully seen by the leaders of both contending powers. Jeff. Davis afore- 
time, fulfy realizing the importance of Vicksburg as a strategic point, in a 
speech to the Mississippi Legislature, on the 6th of December, 18G2, de- 
clared — 

" That the fall of Vicksburg would cut ofiF their communications with the trans-Mis- 
sissippi department, whence they drew vast supplies, and would permanently sever the 
eastern and western portions of the confederacy." 

The enthusiastic Sherman with rare foresight, which has been verified by 
subsequent events, declared, in a speech at St. Louis, " The possession of 
Vicksburg is the possession of America." Grant, as evidenced by all his 
plans and movements, was of the same opiniou. 

New Orleans was already ours, and Port Hudson, as a consequence of 
our capture of Vicksburg, soon fell into our hands. From Cairo to New 
Orleans the great river had been held by the enemy, and the black banner 
of secession had flaunted defiantly from all its strongholds; but now, thanks 
to General Grant and his invincible armies, every foot on either shore was 
wrested from him, and in some fifteen battles, with no serious reverse to 
our arms, the shattered and dismayed legions of the enemy were driven 
from their supposed impregnable fortresses to new and interior positions 
remote from the river, and millions of loyal hearts rejoiced that this great 
artery of the continent, unvexed by treason's barriers, was once more, and 
as we hope forever, free. Scarcely less important were the campaigns of 
General Grant terminating in the brilliant victories of Lookout Mountain 
and Missionary Kidge, and securing to us the permanent possession of 
Chattanooga, which was regarded by military men of both armies as the 
next most important strategic point in the rebel States, and it was made the 
base of that magnificent military movement which is without a parallel in 
the annals of war, when Sherman and his veteran warriors swept like an 
avalanche from Atlanta to the sea through the very heart and home of 
treason. 

The successes of Grant in the West filled the nation's cup of joy, and 
President Lincoln wisely read the nation's will in committing to him the 
command of all our armies, and particularly of the unlucky but heroic army 
of the Potomac, which, baffled but not beaten, had stood for long years like 
a wall of fire against the assaults of treason. And here, again, victory 



7 

followed the invincible Grant, and in a series of battles more bloody than 
Waterloo, more brilliant than Austerlitz, he displayed the sterling quali- 
ties of the great commander. Those forty days of hand-to-hand fighting 
' in the battles of the Wilderness, which carried the army of the Potomac 
from the Rapidan to the James, amid the fearful shock of brigades and 
divisions and the onset of army against army along their whole linos, 
through scenes of fearful slaughter, while the murky air«esounded with the 
thunders of artillery and crash of musketry, and the night was forced to 
disclose- by the lurid light of continued conflict horrid sights beyond all 
power to tell, bring' to the memory the traditions of the fierce wars of the 
ancients, reminding us of old Marathon : 

" As on that morn to distant glory dear, 
The camp, the host, the fight, the conqueror's career, 

The flying Mede, his shaftless, broken bow, 
The fiery Greek, his red pursuing spear ; 

Mountains above, earth's, ocean's plains below ; 
Death in the front, destruction in the rear." 

Now is not the time, nor this the place, but it is for the historian in ample 
pages to follow the shining record of Grant, written in the triumphs of Hen- 
ry, Donelson, Shiloh, Corinth, Vicksburg, Chattanooga, the Wilderness, 
and tiic siege of Richmond ; written in the blood and sacrifices of our living 
and slaughtered braves, and upon the hearts and memories of the loyal 
millions who, amid alternate liope and fear, have watched our leader as with 
resolute front, step by step, he has led the nation through the night of gloom 
and despondence to the day of final and glorious deliverance. 

General Grant possesses personal courage to a high degree. Amidst the 
most horrid carnage and the wildest tumult of battle he was imperturbably 
quiet, his mind clear, scanning critically all movements on the field, and 
never giving a thought to danger or to death. Attlie same time if he saw 
a weak point in his line of battle or a column wavering, where his personal 
presence might inspire courage, he would fly to that point or dash like a 
McDonald to the head of that column, plunge into the thicke"fet of the fight 
and hold up the standard upon the last outpost of danger and death. No 
general can command the entire confidence of an army and bring out the 
full fighting strength who himself has not personal courage, and whose 
headquarters are not in the field. Men will fight and brave the highest 
feats of lofty daring, scale the heights, or face the most frowning batteries, 
when they see their beloved commanders sharing their fortunes in the dread 
hour of conflict. Understanding this. Grant dashed along the lines at Bel- 
mont, and had his horse sliot under him while rallying his men, wlio were 
confounded by the double fury of their foes, suddenly re-enforced by fresh 
battalions, and a terrible storm of projectiles from their artillery at Belmont 
and Columbus. 



On the first day at Pittsburg Landing — a black and terrible day — all day 
he rode along his decimated lines and inspired the weary troops to stay the 
stormy tide of disaster which was beating them back through Shiloh's dark 
and bloody woods to the water's edge. I sat on my horse near him at Port 
Gibson, upon an eminence where our artillery was posted, and where he 
was exposed to a most terrible fire of the enemy's musketry and artillery. 
While he was sur-feying the field and patiently waiting for the assault of 
Osterhaus's division as it moved upon the main force of the enemy, who 
had massed themselves in their full strength upon the Grand Gulf and Port 
Gibson road, suddenly the batteries and musketry of the enemy opened and 
poured showers of shot and shell and hissing Minie balls on the point at 
which we were posted. I noticed that while a regiment of ours held in 
reserve at that point, and which was much exposed, was ordered to seek 
shelter in a ravine close by. Grant, seemingly insensible to danger, quietly 
smoked his pipe and coolly watched the movements ol the contending 
forces. Only once he said to me, jocosely, " Governor, it's too late to 
dodge after the ball has passed." I watched him narrowly, and the thought 
of personal danger did not seem once to have entered his mind. As for my- 
self, I felt much relieved when after a short interview with General Raw- 
lins, his chief of staff, he said, '' Governor, we will go and order Logan 
up." 

Was not his a courageous spirit who, with fame already secure by the 
bright record of a hundred victories, dared to accept the crushing responsi- 
bility of commanding the army of the Potomac, where so many generals had 
been sacrificed, and where so many bloody reverses had almost dispirited the 
army and shrouded the land in mourning? Here he was to confront the 
flower of the rebel army, led by their greatest commander, who, in their 
estimation, wore the charm of invincibility. Here he must contend with a 
foe which, up to this time, had courageously maintained his position, elated 
by the success of several victories and dashing raids, and who now to the 
pride of victory had added the fierce courage which despair inspires in men 
fightins: for tl'e last rampart left them by adverse fate. But with the same 
uuselfish spirit which had animated his whole life he did not pause to count 
the consequences to himself, but came at the call of his country. He ac- 
cepted the heretofore fatal command, and his watchword was " On to Rich- 
mond!" as before it had been " On to Vicksburg!" Self-reliant, he formed 
his own plans, and started out on a route which had already been condemned 
by our military men. His first battle in the Wilderness appalled the world 
at the sight of its sanguinary slaughter. I think it almost safe to say that 
no General living save Grant himself would, after such dreadful slaughter 
and in the face of so many frowning obstacles, have persevered in the plan 
which he had marked out for himself. But Grant did persevere. From the 



9 

beginning his method had been to move on the enemy's works wlierever he 
could find them, and jf he could not utterly overwhelm and destroy him in 
every instance, yet he considered himself successful if he maintained his 
ground and as much loss was inflicted upon the enemy as he himself re- 
ceived. 

Grant's intuition taught him that it was a question of endurance, a contest 
between the patient, stubborn courage of the North and the enthusiastic dash 
of the South, and that victory would necessarily reward that party which with 
greatest loss could yet continue the contest. To him it was the two-handed 
sword of Coeur de Lion against the flashing cimeter of the Paladin; it waa 
the ax of the Norseman thundering on the light shield of the Saxon or the 
Celt. I cannot better illustrate his idea than by quoting from his official re- 
port, in which, with great clearneris, he indicates part of his plan : 

"To hammer continually against the armed forces of the enemy and his resources, 
until by mere attrition, if in no other way, there should be nothing left to him but an 
equal submission with the loyal portion of our common country to the Constitution and 
laws." 

And so, though the first battle of the Wilderness may have been a drawn 
battle, and though in the second our loss was counted by thousands upon 
thousands of our slaughtered heroes, though nature seemed in league with 
treason against us, and frowning batteries, impregnable fortifications, impene- 
trable swamps, and tangled thickets confronted him at every step of his chosen 
path, while from the cover of every shrub, tree, and rock, an unseen foe as- 
sailed him with storms of bullets, and hundreds of cannon poured their mur- 
derous fire upon his army, still relying upon himself and his plans with a 
confidence that was sublime, he pressed forward, and coolly telegraphed to 
the Secretary of War, '' I propose to fight it out on this line if it takes all 
summer." 

Sir, he did fight it out on that line, for though Lee, in his blasphemous 
order of May 14, said, " The heroic valor of this army, with the blessing of 
Almighty God, has thus far checked the principal army of the enemy, and 
inflicted upon it terrible losses," yet, sir, day by day Lee was driven back 
toward Richmond, an unwilling witness to the skill, strategy, and tenacity of 
his unconquerable antagonist. 

His tenacity of will is wonderful. He is never whipped. If his losses are 
greater than the enemy, or if he has drawn back, still he is not whipped. He 
will not admit that there is any obstacle. While the great Lincoln with long 
strides nervously paced his executive chamber at midnight and mourned as 
unpropitious to the plans of Grant the storm which beat in mad fury upon the 
roof and along the corridors and upon the window-panes of the White House, 
yet Grant accepts the situation, and uses the storms of heaven as his appliances, 
as he did most effectually on the third day of the battle of the Wilderness. 



10 

It never could be said of him, as of the great Napoleon at "Waterloo, that a 
shower of rain had lost him a battle. 

Mr. President, while General Grant is possessed of extraordinary courage 
and tenacity of purpose, it must not for a moment be supposed that these con- 
stitute his chief claim to greatness. I am here to claim for him military 
strategy of the highest order; what facts and results have established and 
what history will proudly vindicate — that wonderful power which so few men 
have exhibited in the great contests of nations — the genius which with com- 
prehensive glance sweeps over vast fields of conflict, perceives the grand ob- 
jective points, arranges and combines the proper forces, provides against the 
contingencies which make up so much of war, carries out every detail of the 
most complicated plan, and with certain prescience commands all needful 
agencies to move in synchronous march upon the enemy. 

The success of his Mississippi campaign is not to be attributed to courage 
alone, but to that grand strategy displayed in a thorough understanding of 
the plans, positions, and movements of the enemy, and in making such a dis- 
position of his own forces as to employ and thwart the enemy at every point, 
and yet to keep pressing inevitably and irresistibly forward upon his own line 
toward Vicksburg, the objective point of all his operations. It was not simply 
to drive the enemy from Belmont, Island No. 10, Fort Henry, Memphis, and 
to fight his way straight down the Mississippi by storming him in every strong- 
hold — this he could do with his invincible legions of the Northwest, and this 
he did do in a series of shining victories which blaze on the annals of the war — 
but he had also to take in his plans a vast territory of hostile States; the Cum- 
berland, the Tennessee, and the Arkansas, from their mouths to their head- 
lands ; and to cut off" the enemy in all lateral directions upon his interior lines, 
keep up his own base lines, and leave no enemy in his rear to overrun Illinois, 
Missouri, and southern Kentucky; and he displayed the greatest military 
genius by such a disposition of his forces, and such timely movements as not 
only to carry victory along the banks of the Mississippi but to carry it in a 
broad belt on either side, until finally he could and did concentrate all the 
divisions of his army to the overthrow of the rebel G ibraltar — Vicksburg. 

His decisions were rapid and quick ; he laid the whole field before him clear 
as a map, and turned the severest reverses and most formidable obsticles to 
advantage by instant and rapid combinations. It was my good fortune to 
witness his operations before the capture of Vicksburg. Having succeeded 
with great labor and difficulty in transporting his troops through intricate 
bayous and swampy roads to a point below Vicksburg, he conceived the bold 
strategy of supplying them with stores and heavy ordnance, and with transpor- 
tation of the troops by running his gunboats and transports by the batteries at 
night. The precipitous clifis for miles above and below the city were lined 
with tiers of heavy artilleryj and rifle pits swarming with infantry down the 



11 

water's edge. Every preparation had been made for the perilous enterprise. 
Night closed in with rayless darkness. I stood with Grant upon the deck of 
a small steamer in the middle of the Mississippi, from which he kept an eye 
to the movements of his fleet. It was then I saw sights men rarely see. 
Eight gunboats and three transports dropped quietly into the channel and 
floated down the current. Suddenly the batteries and rifle pits opened theit 
simultaneous fire, while the gunboats returned from heavy guns broadside 
after broadside upon the devoted city. The whole bluffs were a blaze of fire. 
Indeed, sir, it looked as if a mighty wall of lightning from earth to sky stood 
still and motionless, while deep thunders rolled, reminding one of the scene — 

" When Jove from Ida's top his horror spreads ; 
Thick lightnings flash ; the muttering thunders roll 
Wide o'er the field, high blazing to the sky; 
And o'er the forest rolls the flood of fire; 
And ' dreadful gleamed the face of iron war ! ' " 

Our boats, contrary to my expectations, safely passed below, and so far 
Grant's strategy had not failed. But still greater obstacles confronted him, 
and he must resort to new strategy. Before he could attack Vicksburg from 
below, Grand Gulf must be taken. Grand Gulf was a strongly fortified posi- 
'tion at the mouth of the JBig Black river, and here Grant gave a striking 
display of his strategic skill, which attracted the attention of military men 
everywhere, and which proved to be a pivot on which turned the mightiest 
events, results, and destinies of the war. 

On the morning of April 29, the six gunboats moved down the river to the 
assault, while the transports, with the troops on board, followed, ready to 
debark and storm the heights as soon as the batteries should be silenced. 
Our gunboats, under the command of that great naval commander. Porter, ran 
close in shore, under the enemy's guns, within pistol shot, and poured their 
broadsides upon his works, to which the enemy responded with a terrific fire 
from the throats of his heavy guns on the heights above. From a tug-boat in 
the middle of the stream we witnessed the scene. All around, distinctly 
visible to the naked eye, we could see the cannon-balls flying through the air 
skipping in wild leaps along the surface of the river, while — 

" Howling and screeching and whizzing 
The bomb-shells arched on high; 
And then, like fiery meteors. 
Dropped swiftly from the sky." 

But the batteries could not be silenced, and Grand Gulf could not be 
stormed. After four hours bombardment we boarded the flag-ship Benton, 
and Grant, after a short interview with Admiral Porter, seemingly on the 
instant decided upon a coup de main, which proved his power as a strategist, 
and from the jaws of defeat he snatched the standard of victory. 



12 

He ordered his troops to debark and marched them to a point below Grand 
Gulf, ran the batteries with his boats, embarked his troops again, crossed 
the river and fought the battle of Port Gibson, gaining the first of that 
splendid series of victories which terminated in the fall of Vicksburg. Here 
again Grant adapted himself to the circumstances of the case, and made a 
plan of his own contrary to that which had been laid down for him at Wash- 
ington. I presume General Grant never received a higher compliment or one 
that he so much prized as that contained in a letter of Mr. Lincoln of July 3, 
1863. Mr. Lincoln said: 

"When you got below and took Port Gibson and Grand Gulf, I thought you should 
go down the river and join General Banks ; and when you turned northward east of Big 
Black I feared it was a failure. I now wish to make a personal acknowledgment to you, 
that you were right and I was wrong." 

Grant had great confidence in the pluck and mettle of his army and he con- 
sidered the victory was half won whenever he made up his mind to let the 
brave Illinoians and other troops of the Northwest go into the battle. His 
policy was to " let 'em fight," and to fight the enemy wherever he could find 
him. Still it cannot be laid to his charge that he was reckless of the lives of 
his ofiicers and men, for he never asked them to go where he was not willing 
to lead. In the battles of the Wilderness he did not, as has been charged, run' 
heedlessly upon the intrenchments of the enemy. He resorted to flanking 
movements, concentrating his strength first upon one wing and then upon 
another; or, having divided the forces of the enemy, he threw his whole force 
like an avalanche upon the center, and drove him back to new positions, until, 
dispirited and besieged, the confederate capital fell like ripened fruit into his 
hands. 

When he assumed supreme command as Lieutenant General he changed 
radically the whole plan of our military operations. He discontinued the 
plan of independent spasmodic movements by our different armies — a plan 
which had enabled the enemy to move as upon a pivot, and to confront our 
divided forces now at one point and then at another, and to baffle us by a 
superior concentration of his forces. But, sir, I read from his own report to 
show what this policy was which all now see was necessary to turn the tide of 
fortune in our favor. He says: 

" I therefore determined first to use the greatest number of troops practicable against 
the armed forces of the enemy, preventing him from using the same force at different 
seasons against first one and then another of our armies, and the possibility of repose 
for refitting and producing necessary supplies for carrying on resistance." 

The anaconda of which so much had been said early in the war was no 
lono-er a myth. If he was not the author of the comprehensive idea conveyed 
by that word to the public mind he was the first to vitilize and make it real. 



J 



13 

He did not simply move forward the array of the Pc^omae, but for the purpose 
of employing the enemy at every point and preventing the concentration of his 
forces upon any given point, General Grant set in motion all the armies of the 
Union — Sherman against Johnson; Butler moved up the James, Sigel up 
the Shenandoah valley. Banks against Shrcvesport, Sheridan against Early, 
and other Generals in their appropriate places, in the mighty drama which 
ended in the death of the rebellion. 

Mr. President, when the history of this war is carefully read with the map of 
the campaigns before you; when all the details of departmental organization 
are understood; and when all the orders, correspondence, and dispatches are 
properly weighed ; when all the co-operative movements of the various divi- 
sions of his armies are carefully studied; the vast territory he had to over- 
look, to conquer and to defend; vast communications by land and water; 
immense supplies and transportation to be provided ; a confronting enemy 
ever vigilant, brave, confident, commanded by skilful leaders; and all the 
splendid results of his great plans are considered, we may truthfully pro- 
nounce him the model commander of the age in which he lives. I know well 
the secret of his power, for when I saw him at headquarters, upon the march, 
and on the battle-field, in his plain, threadbare uniform, modest in his deport- 
ment, careful of the wants of the humblest soldier, personally inspecting all 
the dispositions and divisions of his army, calm and courageous amid the most 
destructive fire of the enemy, it was evident that he had the confidence of 
every man from the highest officer down to the humblest drummer-boy in his 
command. 

He also judged men with the most unerring accuracy, so that when the 
choice lay with him he always selected the right man in the right place. 
Need I mention Sherman, McPherson, Meade, Hooker. Hancock, Thomas, 
Howard, Logan, and many others who were relied upon by him, each for 
some particular excellence or fitness assigned a specific duty ? With what 
sagacity, too, did he select those two gallant chieftains, Gricrson in the West 
and Sheridan in the East, as avant couriers to herald his own mighty coming. 

It is needless to recount here the details of Grierson's grand raid, in which, 
with three regiments only, he suddenly abandoned all communications with 
his base and supply trains, almost without artillery, and beset on all sides by 
hostile forces, and, subsisting entirely upon the enemy's country, he swept 
through the confederacy, cutting telegraph lines, destroying railroad commu- 
nications, burning depots of military supplies, and spreading dismay among 
the people, and after destroying millions' worth of the enemy's stores, marched 
into New Orleans, with streaming colors and glad music amidst the wild ac- 
clamations of the army of the Gulf. 

I need not refer to Sheridan. His heroic deeds outshine the romantic stories 
of the past, when mailed knights fiercely Btrove with gods around the walls of 



u 

Troy. Such was Grant's confidence in Sheridan that it is said he hardly 
ever gave him an order in detail. When he asked the privilege of attacking 
the enemy in his stronghold at Winchester, Grant's simple order 'was, " Go in." 
And on another occasion he said to Sheridan '' Go and whip Early." It is 
said that Napoleon was greatly disturbed and uneasy during the battle of 
Bantzen, until he heard the sound of Ney's guns thundering on the left, when 
he sat quietly down and wrote Marie Louise the victory was gained. Such 
confidence as Napoleon had in Marshal Ney, Grant had in gallant, glorious 
Phil. Sheridan. 

The American people have not lavished upon their heroes costly presents of 
princely estates, nor stately pile nor royal titles, such as England bestowed 
upon her Marlboroughs, her Nelsons, and her Wellingtons, but for their great 
services this nation has conferred upon Washington, Jackson, and Taylor, a 
position of more value than heaps of shining gold and prouder than that of 
emperor; and monarchs may well envy them the title of Citizen President of 
the United States of America. 

Who among the long roll of honored names has achieved a grander success 
or given to his people a nobler boon than Grant ? Black visaged war deso- 
lated the land; horrible dread froze up the fountains of hope; from every 
house went up to heaven wails for the loved and lost, louder than Israel for 
the loss of her first born ; and from foreign despotisms came the shouts of ex- 
ultation over the fading fortunes of our great experiment for universal liberty. 
And when there was no eye to pity or arm to save, suddenly a light gleamed 
athwart the sky, hope banished sickly fear, order was where confusion reigned, 
and victory snatched our chastened nation from the jaws of ruin and clothed 
her anew with the garlands of immortal youth; and the people saw high above 
the common plane their two deliverers, Lincoln and Grant. 

Alas ! how soon the dread javelin seeks the shining mark and leaves but 
one. Long may he wear the charmed life ; Ilhuriel-like, within our Eden, 
be " armed with a spear of celestial temper." 

And now, sir, why should we not eagerly seize the opportunity to confer 
upon General Grant the grade of General of the armies of the United States? 
It was conferred on Washington, and who will say it was not justly and 
worthily bestowed ? Then why shall we do less to him who dared all and 
conquered all in a darker and grander crisis of our fate? 

If it is objected that we should not lavish honors and emoluments upon 
one where all, officers and privates, have done so well, I reply, if reply is 
necessary, that in honoring him we honor all his comrades in arms, and I 
am sure that not one, from the highest officer, from the great Sherman down, 
down through all tlie ranks to the humblest private soldier, will say no to 
this tribute to the exalted worth of their great commander. 

I repudiate the imputation of prodigality of the people's money in advo- 



15 

eating the small appropriation proposed to be added to the salary of General 
Grant by this bill. While I believe this grateful and magnanimous nation 
will not object to this almost nominal increase of his salary, I believe they 
are also willing to be taxed to the extent of making all our soldiers equal in 
bounty and pay for their services in rescuing the country from total ruin, 
and for that reason I desire to vote for any measure that will accomplish 
that measure at the earliefst possible moment. If this Congress should issue 
one hundred-year bonds, with interest, to be appropriated to the support of 
our wounded and penniless soldiers, and of the widows of such as died by 
disease or wounds in the service, and for the liberal education of the orphans 
of our poor dead soldiers, do you suppose our nation would be any poorer 
for such a boon to its brave defenders who saved its very life ? No, sir, 
but far richer ; for then, indeed would this nation be strong in a race of 
heroes ; every cabin would be a fortress, and every woman a soldier ; and 
while our posterity, who had the principal of the debt to pay, would cele- 
brate the achievements of the men who had borne aloft the flag, they would 
also indorse the acts of the statesmen who had done some little to reward 
the heroes who had oft'ered themselves a willing sacrifice upon the altars of 
patriotism and liberty. 

It has come down from age to age, as the shame of the ancient republics^ 
that they were ungrateful to public benefactors ; that those who had borne- 
their eagles farthest over conquered kingdoms, or rendered most service ta 
their country, either in the field or council chamber, were the most liable 
to censure, ostracism, and even death, to gratify the popular caprice. The 
poet thus characterises this popular caprice in the sudden transfer of the 
popular favor from the defeated Pompey to the victorious Caesar, by words 
put into the mouth of a tribune of the people : 

" Wherefore rejoice ? What conquests brings he home? 
What tributaries follow him to Rome 
To grace in captive bonds his chariot-wheels? 
You blocks, you stones, you worse than senseless things! 
O, you hard hearts, you cruel men of Rome, 
Know ye not Pompey? Many a time and oft 
Have you climbed up to walls and battlements, 
To towers and windows, yea, to chimney-tops, 
Your infants in your arms, and there have sat 
The live-long day, with patient expectation, 

To see great Pompey pass the streets of Rome ; * 

And when you saw his chariot but appear. 
Have you not made an universal shout. 
That Tiber trembled underneath her banks 
To hear the replication of your sounds 
Made in her concave shores ? 
And do you now put on your best attire? 



16 

And do you now cull out a holiday? 

And do you now strew flowers in his way 

That comes in triumph over Pompey's blood ? 

Begone 1 

Run to your houses, fall upon your knees, 

Pray to the gods to intermit the plague 

That needs must light on this ingratitude." 

Mr. President, never let it be said that this Republic shall incur the shame 
of ingratitude to public benefactors which spreads a cloud over the bright 
glories of the great republics of the past. 

But, Mr. President, I should not finish the picture were I to stop here. 
Grant is free from inordinate ambition, and from many of the faults and vices 
which have sullied the character of many others who- have been chronicled 
as great men in history. He is an honest man; he is gentle and kind, mag- 
nanimous to the vanquished; of rugjied virtue; stern simplicity; plain; 
republican manners; true to freedom without regard to caste; spotless purity 
of life, and elevated devotion to country, standing out before the world as 
Washington and Lincoln stood, an ever-present and sublime illustration of 
the fact that exalted greatness and exalted goodness are one and inseparable. 

I do not wish to deal in panegyric. I know that Grant cares as little for it 
as any man. He never sought glory. There is nothing about him of the 
pomp or vaingloriousness or glare which men call glory. All that he desires 
is truth. He is the last man who would have ascribed to him achievements 
which he never wrought, or praise for words he never uttered. As we look 
upon that calm, reticent, statue-like figure, it is hard to realize that he is the 
man who stood self-poised and unmoved by the discordant elements of the 
great revolution through which we have passed, and with the certainty of fate 
directed the destiny of a continent. But time, which at last sets all things 
even, will reveal him to the world and blazon him greater in history than 
Alexander, whose ambition the conquest of a world did not satisfy; greater 
than Ca;sar, who sacrificed the glory of republican Rome for the pagentry of 
universal empire; and greater than Napoleon, who bartered the victories won 
by the sword for the vain magnificence of the imperial purple. 

Grant welcomed the end of conquest as a national blessing. His name will 
go shining down the ages lustrous with the halo of great achievements and of 
great beneficence, without strain of selfishness; and will be enshrined in the 
hearts of the coming millions as the man to whom we are most indebted for 
the success of our arms, the triumph of truth and liberty, and the preservation 
of our national Union. 



ADDRESS 




HON. RICHARD YATES. 



DELIVERED AT THE 



GRAND OVATION 



TENDERED HIM BY THE 



IfPiaw.wa mw 



fACSiilTmi, 6 



In Ajjprovit/ oj his Cotirse in the ZQfh Congress 



Delivered at Strawn's Hall, Saturday Evening, Sept. 15, 1866 



JACKSONVILLE : 

•JOURNAL STEAM POWER PRESS PRINT 

1866. 




-ADDRESS 



or THE 




^T 




DELIVERED AT THE 



GRAND OVATION 



TENDERED HIiM BY THE 






In Approval oj his Course in the S9th Conoresi,. 



Delivered at Strawn's Hall, Saturday Evening, Sept. 15, 1866. 



JACKSONVILLE : 

-JOl-RSAl, 8TEAM POWER I'KeSS TEINT 
1866. 



i 

i 






^ 

"K 



COIMIESPONDENCE 



Jacksonviixe, III., Sept. 17, 18 Go. 
Hon. PJCITARD YATES— Dkar Sie: 

Having had the pleasure of listening to your eloquent address at Strawn's 
Hall, on the evening of the J 5th inst., we are desirous that your many 
friends who were unable to hear you on that occasion may read your remarks. 
We, therefore, respectfully request a copy for publication, if you can con- 
veniently favor us with the same. 

Very respcctfuUv, 

J. W. KIXG, 
WM. P. BAKU, 
J. T. NEWI»IAN, 
OLIVER J. PYATT, 

WM. B. jonxsox, 

JOSEPH TOMLIXSOX. 
DAVID M. SDIMOXS, 
GEO. W. PADGITT. 
W. 0. WOOD.AIAX. 
WM. IIAMILTOX, Jn.. 
JOS. J. IKOXMOXGEi;, 

Coiiunittw. 



Jacksonville, III., Sept. 19, 1860. 
Jfessrs. J. W. J^'i'T^. If'. P. Il.trr, J. T. Xeiviaaa^ Oliver J. Fyatt, and others — 
Committee: 

Gentlemen: I take jjleasure in complying with your request, and herc- 
witli enclose you a copy of my Address for publication. 

I return to you and our fellow-citizens Avhom you represent my sincere 
thanks for the beautiful and cordial manner in which you and they have 
seen tit to express your appreciation of my humble services. 

\cY\ respectfullv, 

RICHARD YATES. 



Address of Welcome, by Hon. P. G. Gillctt. 



Friends, FdloiV' Citizens, Ladies conl 
Qcntlemcn : 
OuK commuDity is one peculiarly f.i- 
vorcd in manv respects. Sensons of fejstiv- 
ity, of honest. V'^'f'-'^'^ii*-^^"^'^'^^'^'^"' *^^"*^ ^vuo 
iiiJans uncommon occurrences among us. 
We arc a?sen\bled this evenuig. however, 
upon an occasion of no ordinary^ interest 
and importance even in Jacksonville. The 
purpose of our coming together is to do 
ourselves credit by welcoming to his home, 
snd awarding a well-earned iionor to one 
whose residence among us has made llie 
name of our I'aiv citv a household word 
ihroushout the land. AVe are not here 
merely to w'hile away an hour. Nor is it 
ours to indulge in fulsome adulation of the 
living. We" live in a time when men are 
called upon to act rather than talk 

—"act with the living Present, 

Heart -vvitUin and Uou tvarhead '. " 

[Applause.] He who exerci&es the stern 
and responsible I'unctions of an Amkimcan | 
CiTizKX in the year of grace lt-'G(!, when i 
Freedom is threatened wiih betrayal in the , 
house of its friends, has no time to sport 
away the hours. All must be in earnest in 
a time lilic ours. 

Rich \HD Yatks, our distmguisned tel- 
low citizen and townsman, now once more 
among us, has been, all his life, a thinking, 
acting, earnest patriot ; because as a youth, 
H citizen, a legislator, a Representative in 
Congress, a Governor, ar.d nov\' a Senator, 
he has led the van in the forward march of 
public senthnent— a true " Rieh.tird of the 
l>ion heart." We an; here to night to wel- 
come liim back to our homes and hearth- 
stones, happy to call hims ours, and to as- 
sure him he hns never been absent Irom 
our hearts. [Applause.] Because, in the 
hospital, streiched upon couches ot paui 
and languishing, comfoili-d by the nurses. 



and nourished by the suppVies he has fur 
nished them ; because upon the battle-tiolu 
in the agonies of death; because .always 
and evervwhere he is enshrined in the 
hearts of 'Illinois' "boys in blue," whose 
colors were never struck, and whose back-i 
were never turned on the foe — the "Sol- 
diers' Friend," we welcome him home to- 
night. [A\iplausc.] Ik-cause, when a chan!:e 
otMVont was made from the lield of battle 
in Dixie to the AVhite House and halls of 
Congress in Washington, he was as ready 
to encounter the enemies of Freedom in 
war of ar<iument as he had been to accom- 
modate them with Illinois valor, endur- 
ance and conquest. J'\>r all these andolh- 
er reasons we welcome him Jiome to-i:ight. 
[Applause.] 

SKX.«iT0ii Yatf.s : It has been made my 
pleasing duty, in the name of the citizens 
of Jacksonville— the scene of your youthful 
struo-irlcs, and the success of your mau- 
hooti° of vonr domestic fe'icities and do 
mestic aulictions— -to assure you of their 
continued regiird and ati'ection, to welcome 
you to our homes and firesides, and to ex- 
press the sincere and earnest hope that the 
1 few weeks of leisure from important pul>- 
! lie dutic>s may be spent among us, to our 
i mutual interest and protit. And, though I 
liiive been forbidden on this occasion to 
I make a speech, yet. allow mo to say thtit 
I your neidibors of Jacksonville have watch- 
led with peculiar pleasure and pride, dur- 
i in"- the past vcar, vour noble and manly 
I stand for Liberty, Freedom, and equal and 
j exact Justif-e. 

I Fellow-citizens, neighliors. I now have 
the pleasure and honor of presenting to 
you your Own beloved Scnatoi Y.-vtks ; 
and I lu-opose that every luan, woman and 
child present join in making the welkin 
rlnirwith three" rousing cheers for Richiu-d 
the First, of Illinois. [Great cheering.] 



-A. 1> X> TR, JE 



Fellow Citizens— I should be in 
capable of the emotions which should 
swell every heart, did I not return to 
you, now, my most sincere thanks 
for the cordial welcome you have 
given me on this occasion. 

But I may first return my liearty 
acknowledgements to Mr. Gillett, for 
the graceful and most eloquent man- 
ner m which he has expressed your 
appreciation. 

It is true that Jacksonville is my 
home. From boyhood, and during 
lay manhood, it has been my home" 
and, to you, my fellow-citizens— to 
your suffrages and your counsels— I 
may truly say, I am indebted for the 
ground-work of whatever success I 
may have had through my life. Uj)- 
on the present occasion, however I 
am aware of the fact, that it is not 
simply from your personal regard— 
which I tio highly appreciate— that 
you extend to me this cordial wel- 
come ; but it is from a higher consid- 
oi-ation. It is from the consideration 
that since we are in the midst of 
troublous times, and the very desti- 
ny of our nation is hanging, perhaps 
on a few months of time, you extend 
to me this welcome because I have 
been one of that 39th congress, which 
despite the blandishments, or tbe 
bribes, or the threats, or terrors of 
llxecutue power, has maintained it- 
self, eelf-poised and well-balanced, in , 



the high and noble purpose of pre- 
serving the republic from thedan<rers 
which have surrounded it. (Applause.) 
_ I have said that we live in perilous 
times. Is there a man before me 
wlio feels that his footing is entirely 
safe, even in this land which has been 
so happy during the years of the past, 
and whose political foundations we 
deemed so secure ? 

I remember well that on the Mth 
day of April, 1865, this nation was 
pleased with itself Four years be- 
fore that time, horror and indignation 
seized and inflamed the popular heart 
and mind, because the flag of the na- 
tion was torn by traitor liands from 
the heights of Sumter. The lurid 
flames of war shot athwart the horo- 
scoi)c of the nation, and the tramp of 
marshalling hosts, and the jjonip of 
warlike preparation broke the still- 
ness of peace which had so long 
blessed the land. War came— and 
such a war— gigantic war— the soil 
was crimsoned, and our rivers ran 
purple with human gore. Armies 
marched and fought, and commanders 
lost and won their victorie8,now pros- 
perous, Kow adverse fortune till,at la^t, 
success raised our ensign, Lee's proiKl 
army gave way, and victory streamed 
from all our banners in the North, iu 
the South— upon the land, upon the 
sea (Applause.) 

On that 14th day of April, 



1865, ilic nation's eyes vrcre luvned 
to that same Fort Sumter, wlierc 
thousands of our loyal coun- 
trymen had gone to rais^^o that flag 
whence traitor hands had pulled it 
down. The streets of AYashington 
>vere gay with banners ; every liouse 
was brilliantly decorated, and Pcnn- 
sylvania Avenue was a scene of beau- 
ty indeed. The measure of our hap- 
piness was full, and our thanks went 
up to God for the victory. _ Our grat- 
itude went out to our Cabinet, to our 
skillful generals, to our brave uncon- 
querable army, and to all the men 
and women of the land, who had la- 
bored for the grand results which 
their skill, and prowess, and great 
efl'orts had achieved. 

But to one, high above all, did our 
gratitude go out ; not to him as Fres- 
Ident, but to him as friend, deliverer, 
saviour, the immortal Lincoln. (Ap- 
plause.) It was strange, was it not, 
that on-this day, the one event which, 
©f all others, 'would most astound, 
sadden, and throw the nation back 
upon itself, should, amidst such uni- 
versal gladness, occur— that the Mo- 
ses who led us safely through the 
wilderness of our national troubles — 
the nation's chief— the nation's hope 
— the nation's most loved and honor« 
ed one, Avho had sunk deeper in the 
affections of the American heart than 
any other man — the most magnifi- 
cent man of the nation and the age ; 
before whom every head in the civil- 
ized world was bent in reverence- 
was it not Strang® that he should, on 
that fatal day, be struck down by the 
hand of a vile assassin in the interest 
of treason"? 

Ilis humble origin, his gentkness_ 
of manner, his humility, his purity of 
motive, his unswerving truthtulness, 
his ])ure, spotless life and character, 
and his elevated devotion to his coun- 
try, had won for him the confidence 
of ' the American people. Their 



hearts went out to him. They loved 
him, and leaned upon him with child- 
like and tender love. His opinions 
became their opinions ; and yet, he 
modestly gave them credit for great 
policies, which he had long before 
conceived and elaborated and resolved 
to carry into eftect. In this way ho 
directed popular opinion, shaped and 
controlled events and ruled the na- 
tion without seeming to rule. 

It is a matter of history _ that ho 
had prepared upon paper his views 
upon the Amnesty Proclamation, the 
Emancipation Froclam.ation,and other 
great measures, long before his Cabi- 
net or the people had conceived them. 
He was the educator of statesmen 
and the people up to the high-water 
mark of unconditional and universal 
emancipation. (Applause.) 

He was not ambitious ; or, rather, 
he was ambitious ; but his ambition 
was a virtue, and not a vice ; an un- 
selfish ambition to serve his country, 
and be a benefactor of his race. He 
never sought glory. There was noth- 
ing of the vain-glorious pomp and 
bo'ast of the braggart about him, 
M^hich men called glory. He never- 
sought office, and in not seeking it, 
he *Avas driven to its most shining 
summit ; and sat more securely upon 
fame's proud pinnacle, because care- 
less whether there or not. The Pres- 
idency did not ennoble him ; he en- 
nobled the Presidency. No office, or 
rank, or station could come up to the 
simple majesty and grandeur of char- 
acter of Abraham Lincoln.[Applause.] 
In a word it will be said, he was the 
priceless gift of God to America in a 
perilous time ; and raised^ up to dis- 
play in his simple and majestic per- 
son, that rugged simplicity.that stern 
virtue, and imextinguishable love ol 
Liberty, which entitles me to_ stand 
here to-night and pronounce him the 
greatest statesman of the age in 
\Anch. he lived, and a sublime illus- 



'iration of the fact, tlmt exaltetl gooil- 
iie?s and exalted greatness are one 
and inseparable. [Applause.] 

Fellow-citizens, Avhat a mighty 
chasm between the lofty altitude of 
Abraham Lincoln and the infinitesimal 
littleness of Andrew Johnson. John- 
son is vain, egotistical, weak, vacilla- 
ting, selfish, stubborn, arbitrary; ex- 
alted far above his merit ; possessing 
every passion upon which dema- 
gogues play ; and now, he disgraces 
himself in the eyes of the nation, and 
secures the contempt of mankind, for 
the degradation ho is bringing on the 
high office Avhich has been so glori- 
ously ennobled and dignified by Abra- 
ham Lincoln. 

He talks about being the Moses 
of the colored people. Upon the 
<[uestion as to wlio lias been, or who 
may be the Moses of the colored peo- 
ple, it may not be amiss to refer again 
to Mr. Lincoln. There were some 
scenes in the majestic drama of Abra- 
ham Lincoln's life which no pen, or 
painting can portray, nor splendor of 
eloquence describe. On the 1st day 
of January, 18G5, when vast crowds 
were pressingalong Pennsylvania Av- 
enue to take the hand of Abraham 
Lincoln, at his New Year's re- 
ception — the colored people, who 
constitute a very large proportion of 
t)ie population of Washington, and 
into Avhose minds it had, somehow or 
other, crept, that, in the Providence 
of God, Abraham Lincoln was to be 
their deliverer, collected in large 
numbers on the commons fronting 
the White House. They there pa- 
tiently \>aited till the procession Avent 
by, that rlu'v might pass through and 
takef ■ "dent's hand. Then they 
sent i :,ihle request to that ef- 

fect, ;.. -'ioiately admitted ; 

and p niy and took the 

Presi ; sand, it was with 

blind . lAv eyes saying 

"Got .am Lincoln!" 



He had, iii<leed,becn a^Nloscs to them. 
And when Richmond was taken, 
through some sort of impression, 
some sort of faith or revelation, the 
colored people believed, that when 
the flag floated over the vanquished 
towers of Richmond they should see 
their deliverer. The day after the 
surrender, Mr. Lincoln, without ju'c- 
vious notice to the military authori- 
ties at Richmond, took his little bov, 
got into a boat, went up the Jamc; 
river, landed on tlie bank, and, un- 
hcraUled, with no escort, no roll of 
drums, no triumphal car, was quietly 
Avalking to the hotel. Somehow, 
whether on the Avings of the Avind, or 
otherwise, Ave do not know, the col- 
ored people heard of his coming, and 
in vast multitudes, men, Avomen, and 
children, from tlie streets, the cellars, 
the by-ways, and the alleys, flocked 
around him and blocked up his Avay, 
wating their hats and bonnets, unci 
shouting "Glory to God," " God bless 
you, Massa Lincoln!" Here Avas, in- 
deed, a Moses for the poor, doAvn- 
trodden sons of toil. 

I remember another never-to-be- 
forgotten scene, when the funeral 
cortege, bearing the I'resident's re- 
mains, passed from the White Ifouge 
to the Ca])itol, along Pennsylvania 
Avenue, where multiplied thousands, 
from far and near, had assembled to 
mourn the loss of the nation's mur- 
dered chief; and when every hous?. 
Avindow and tree top Avas covered 
with those who witnessed the solemn 
scene. In the close, compact crowd, 
the poor sons of toil, Avith weepiii.tr 
eyes and sad hearts mourned, with 
unutterable sorrow, the death of their 
•^reat deliverer. They could not be 
kept back, but pressed forAvard t<> 
pay their last tribute of respect to 
their great benefactor. Wlien Lin- 
coln lo'kefl down from the shining 
realms, ■ -' a])]n-eciated the sorrow ot 



every man iu that procession, without 
distinction of color. 

Liucohi, the great Emancipator, 
was, indeed, a Moses to the colored 
people. Now-, I say, what a chasm 
there is between that Moses, and this 
pretended Mose.?, who is traveling 
through the country, and dispensing 
his insane, everlasting twaddle against 
tlie true friends of Liberty and Union. 
A beautiful Moses is he to the color- 
ed people, who is for restoring slave- 
holders to all their old rights ; tor re- 
cognizing slave States, with laAvs fla- 
grantly outraging the colored people, 
and who vetoed both the Freedmen's 
Bureau and Civil Rights bills,through 
which alone these people could have 
security for their lives and property. 

I am not here to indulge in abu- 
sive epithets towards the President of 
the United States. I can have suffi- 
cient testimony to the fact that I have 
forborne ; that I have made every ef- 
fort at reconciliation. I love my coun- 
try, and believe that the salvation of 
the country depends upon the Repub- 
lican Union party. I did not wish to 
seethe fruits of victory won from the 
foe, lost by divisions in our ranks. I 
was willing to tolerate any differ.- 
ences of opinion that were not materi- 
al. If the President did not go as far as 
I did on the Suffrage and Civil Rights 
qestions, I knew that in every hon- 
est, intelligent party, there must be a 
variet^'' of opinions, and that tolera- 
tion is demanded by every considera- 
tion of wisdom and public safety. I 
relied upon a promise, which, now, it 
seems, he treacherously made, thatliis 
quarrels in the Republican party 
should be fought out within the ranks 
of tliat party. I relied upon this 
promise, and in the various speeches 
which I made in Congress, did not 
utter a word against Andrew John- 
sou; and it was not until I saw that 
]»e was turning the warm, bosom 
friend^-! of Mr. Lincoln out of his Cab- 



inet, and out ol offices, everywhere, 
antl that he was taking vile traitors, 
and coj)perheads to his bosom, that I 
resolved to oppose him. 

The Union majority in Congress 
forbore Avith the President, until long- 
er forbearance ceased to be a virtue. 
Senator Trumbull has testified to you 
that when he drew up the Freedraen's 
Bureau bill, he went in person to the 
President and submitted it to him, 
and he approved it ; that, after tho 
bill was printed, he sent it to tho 
President and he still found no objec- 
tion. So of the Civil Rights bill. — 
Senator Trumbull has stated in sev- 
eral of his speeches, that he submitted 
a printed copy to the President, and 
requested him to suggest any objecn 
tions, any defects, or amendments ; 
and that he found no objection. And 
yet he treacherously sent in his veto to 
both of these bills, although they con- 
tained not a solitary provision Avhichi 
he had not before, in his speeches, 
messages and acts, fully sanctioned. 
Now, is not here an evidence of con- 
ciliation on our part ? For Judge 
Trumbull, in these efforts at concilia- 
tion, was carrying out the wishes of 
the Republican Union party of Con- 
gress. 

You may ask why, in the first in- 
stance, we voted for Johnson'? We 
had good reasons for doing so. His 
record, just before and thu-ing the 
rebellion, had been fair, and he Avas 
chosen in the place of the former Vice 
President, who Avas a noble jsatriot 
and statesman, as an evidence of the 
desire of the Republican party to have 
all sections represented, and as proof 
of its opposition to any merely sec- 
tional party. The positions taken by 
Mr. Johnson had been such as the 
most radical of the Republicans could 
approve. In the Senate chamber he 
had been a most eloquent champion 
of the Union; and his denunciations 
of JetT. Davis and his allies upon the 



Senate floor were the most bitter and 
withering of which the English lan- 
guage affords an example. ITe said, 
in the Senate, March 2, 1861, speak- 
ing of these traitors : "I would have 
them arrested and tried for treason, 
and, if convicted, by the Eternal God, 
they should suffer the penalty of the 
law at the hands of the executioner. 
Sir, treason must be punished." As 
a member of the Committee on the 
Conduct of the War,he gave his hearty 
consent and co-operation to every 
measure proposed for a vigorous pros- 
ecution of the war. When appointed 
provisional Governor of Tennessee, he 
co-operated with the President and 
Congress in every measure to put 
down the rebellion. He accepted an 
invitation to address, and did address, 
a large body of the colored people of 
his own State, at Nashville, and told 
them he hoped a Moses would arise 
to lead them to freedom, and, if no 
other Moses arose, he would be their 
Moses. He repeatedly declared that 
he would be for giving the intelligent 
jwrtion of the colored people the right 
to vote. He also repeatedly declared 
that he was willing to give suffrage to 
all colored men who had fought for 
the flag. You all remember his let- 
ter to Governor Sharkey, after he be- 
came President, in which he recom- 
mended that the State of Mississippi 
should amend her Constitution so as 
*'to deny to all future Legislatures the 
power to legislate that there is prop- 
erty in man," and also that "the elec- 
tive fj'unchise be extended to all per- 
sons of color who can read the Con- 
stitution of the United States, in Eng- 
lish, and ivrite their names; and to all 
persons of color who own real estate 
valued at not less than two hundred 
and titty dollars:"(a proposition wiiich 
I repudiate, because it is manhood, 
not property, which should be the ba- 
sis of suffrage.) I spoke from the 
Bame stand with Andrew Johnson, in 



front of the Patent Office, after 
the fall of Richmond, and heard him 
say several times, in substance, that 
"if he were President, whenever he 
found a secessionist, or a traitor, h© 
would arrest him, try him, and, if 
found guilty, by the Eternal he would 
hang him till he was dead,deafl,dead." 
At tlie head of Courtney street, on 
Broadway, New York, some impu- 
dent fellow, at his reception, hung 
across the street a motto taken from 
one of the President's speeches, "show 
me the man who makes war upon the 
Government, Avho fires upon our forts, 
or upon our ships, and I will show 
you a traitor; and if I were President, 
I would arrest him, try him, and, if 
convicted, by the Eternal God, I 
would hang him." (Applause.) Why^ 
even the most radical of us were, we 
su2)posed, right in overlooking the 
claims of that tried patriot, Hannibal 
Hamlin, (alas ! unfortunate mistake) 
and claiming him as one of the most 
radical of our party. It is stated in 
Scripture,that the one most trusted by 
the Saviour,and who dipped with him 
in the same dish, thus giving grounds 
to infer, that when all others might 
betray him he would stand firmly by 
him, was the first to betray his Lord. 
And so now, the greatest traitor to 
the people, to the Union, to the party 
that elected him, to Truth, Justice, 
Honor and Principle, ia the man who 
is ever saying, "Here I take my stand, 
and all the powers of hell shall not 
drive me from my position." 

Is it not strange that, as he stood 
at the grave of Douglas, his knees did 
not smite together like Belshazzar's, 
as a voice came up from the tomb, 
saying, "There are but two parties, 
I patriots and traitors."(Applause.) How 
{ dare he stand by the grave of Lin- 
coln ! Did not a voice come up from 
the tomb saying, "You have been 
ftiithless to your pledges ; you have 
been untrue to your party, untrue 



10 



to the people, untrue to your country; isolation depends the existence and 



true only to traitors, to Jeff'. Davis, to 
Booth, and fliithful only to the prin- 
dples and purposes for which I was 
foully murdered." (Immense cheer- 

Fellow- citizens : The issue that is 
before us is plain, distinct, and weli- 
defmed. Congress has taken the po- 
sit-on that they will iiever admit into 
fellowship the representatives of any 
State of tliisUnion till they are satisfied 
that that St:ite is purified of its trea- 
son, and is loyal to the Government. 
(Applause.) And they must have 
some indemnity for the past, or, at all 
events, a guarantee of security for the 
future. The President, on tlie other 
hand, says that, notwithstanding what 
these rebels have done, notwithstand- 
ing they violated their oaths wlu n 
tiiey swore as Senators and Represent- 
atives, and as civil and milicary olH- 
oersunder the Government,to support 
mid maintain the Constitution of the 
United States, left their seats in Con-^ 
gress, and their posts in the army of 
the United States, from which they 
had received their education at pub- 
lic expense ; notwithstanding they 



perpetuity of this Government in all 
time to come. 

The President is malcing his cir- 
cle around the country, fighting trea- 
son at this end of the line ;" and his 
aro-umcnt is that the States have nev- 
er'been outof the Union, and because 
they have never been out of the Un- 
ion, therefore they are entitled to 
representation. Now, sir, as Mr. 
Lincoln well said, the question wheth- 
er they are in or out of the Union, is 
"a most pernicious abstraction." It 
is sufticient to know that whether in 
or out of the Union, they have stood 
in a hostile attitude to the Govern- 
ment. I am willing to agree with the 
President, that they have never beePx 
out of the Union ; that's what WQ 
were fighting about, and we whipped 
them, and made them stay in ; the 
territory remains, the people re- 
main, and the territory, people and 
States are subject to the Constitution- 
al authority of the Federal Govern- 
ment in spite of their treason. Put, 
are they any the less traitors and 
criminals because they could not take 
their States out of the Union ? Does 



organized and supported independent | not treason, in the language _ oi me 
Governments, established separate j Constitution, consist in "levying war 
Constitutions, and adopted their own ! against the United States^; ', -'^Vt''^-1^ 
laws, and attempted to subvert the j they not levied war against the Unit- 
Constitution and Government of the | ed States ? Did they not prosecute 
United States, and to establish upon \ that war with a bravery and despera- 
its ruins a government of a different | tion worthy of a better cause_,lor tour 
theory, whose corner-stone was hu- long years, and with a ferocious cru- 
man slavery; notwithstanding they 1 ehy to prisoners oi war citizens ot 
have shrouded the land in mourning ; i the United States, un para lei eel m the 
notwithstanding 500,000 graves have \ annals of savage wartare ? Did tliey 
b<3en made bv their acts, Andrew 1 not, by attempting to overthrow the 
Johnson demands that we shall re- | Government, and by their bold and 
(ieive these men as Kepresentatives | bloody treason, foiieit every rigut to 
irom those States before they have,as ! lifo, liberty and property, and every 
we maintain, given us any evidence j right to representation, as luUy as it 
of repentanctt (Cries of "No, no, the States were out of the Union t It 
never.") This is the issue between I so, why does Andrew Johnson go vo- 
Congress and the President. It is a | ciferating ahout the country his sense- 
vitaf and mighty issue, and upon its ; less gabble, that the States are not 



11 



out of the Union 1 Did he not treat 
them as being in full fellowship in 
the Union, and not as exercisinGf their 
full functions as States in the Union, 
H^hen he appointed military or pro- 
Tisional governors, and when he d.> 
tated to them that they should adopt 
the Constitutional amendment abolish- 
ing slavery? He cannot pretend 
that they were in the Union as Illi- 
nois or New York is in the Union, 
because he would not dare to appoint 
provisional governors for them. 

Why did he refuse to sanction the 
t^rms of surrender agreed vipon by 
Sherman with Johnston ? You re- 
member those terms. Gen. Sherman, 
anxious to prevent the further eifusion 
of blood, agreed, if Johnston would 
surrender his armies, they were to be 
restored to all their rights, civil and 
political, such as they had before the 
war. Now this is precisely what 
Andrew Johnson and his Philadel- 
phia Convention of August 14th say 
Uiese rebel States should have, name- 
ly, all their political and civil rights, 
including the right to representation, 
as they enjoyed them before the war. 
Yet, sir, Andrew Johnson issued his 
order countermanding this settle- 
ment on the part of Sherman, and 
w^hy"? Because tlie loyal people of 
the North, and Andrew Johnson him- 
self, condemned these terms upon the 
ground that the war would have been 
la vain, the blood and treasure of the 
nation would have been expended in 
vain, if the rebels were to be restored 
to all their rights as before the war, 
without any indemnity for the past, 
or security for the future. But, now, 
sir, Andrew Johnson proposes to go 
back and ado])t the very terms of that 
burrender, and confer upon the rebels 
every right they had before the war, 
inflicting no punishment for their 
Heaven-daring crimes, and requiring 
no guaranties for their future good 



behavior and faithful allegiance to the 
Constitution and laws. 

I know it is asked, " When a loyal 
representative presents himself in 
Congress, why not receive himf' — • 
That is stating the question in th« 
strongest terms for the other side. 
The answer is this : Our Government 
is based upon constituency. It is not 
the right of representatives in Con- 
gress ; it is the right of constituencies 
which is to be recognized. Suppose 
a loyal constituency to send a disloy- 
al representative to Congress, Avould 
you accept him t (No, no.) You say 
no, because he misrepresents his con- 
stituency. Now suppose a disloyal 
constituency send a loyal member, 
upon the same reasoning you must 
refuse to receive hun because he does 
not truly represent his constituents. 
The principle is this : the constituents 
must be correctly represented, and 
you will see that a disloyal constitu- 
ency may send a loyal member^ to 
Congress for the purpose of secui'ing 
a principle or precedent of admission, 
and he can immediately resign, ami 
they can send a disloyal man in his 
place. 

The proposition of Congress, as con- 
tained in the proposed constitutional 
amendment, is one of the most mag- 
nanimous ever submitted by conquer- 
ors to a vanquished foe. It is simply 
that these States shall be received 
upon the adoption of an amendment, 
which is now proposed for ratification 
by the States. It is not a proposition 
to keep out any loyal State. Tennes- 
see has been received. She has com- 
plied with the requirements of Con- 
gress, and by the admission of Ten- 
nessee Ave have shown, on our part, 
a disposition Avhenever a State ap- 
proximates to loyalty, to extend 
the hand of fellowship and receive 
her into the Union. (Applause.) AH 
that we require is, that we have a fair 
and explicit understajiding on this 



12 



Bubject. The amendment provides 
that the rebel debt shall never be paid. 
Is not that correct doctrine 1 (Voices, 
'•yes.") Well, if so,put it in the bond, 
in the Constitution. They have vio- 
lated their oaths. Shall we now take 
simply their word? (Cries of no.) 
They have an interest in the payment 
of the rebel debt. Shall we not have 
it irrevocably in the Constitution that 
it is not to be paid '? (Yes, yes.) The 
amendment provides further that the 
national debt shall never be repudiat- 
ed. Is not that right ? (Yes.) If so, 
why not put it in the bond 1 in the 
Constitution of the United States, and 
make it forever irrepealable 7 It also 
provides that rebels who have taken 
au oath to support the Constitution of 
the United States, and have after- 
wards joined the rebel army, and at- 
tempted to overthrow the Govern- 
ment and trample under foot our flag 
sliall never hold office under the Gov- 
ernment of the United states. (Cheers 
and applause.) Well, if this is right, 
let us put it in the Constitution. Fol- 
low the wise example of our fathers. 
At the end of the Kevolutionary war 
every State of the Union except 
South Carolina, while it extended am-^ 
nesty to the Tories, and gave them 
their lives and property,provided that 
the Tories should never hold office 
under the government. (Applause.) 
South Carolina did not make tiiis pro- 
vision,and she has not had a Republic 
can form of government to this day. 
Even her Governor is elected by the 
Legislature,and not by the people. If 
it is right that these rebel leaders 
should not come back to hold the 
offices of the Government which they 
fought to destroy, put it in the Con- 
stitution. 

The amendment also provides for 
tlie equalization of representation be- 
tween the States, by basing it upon ac- 
tual voters. Under the Constitution, as 
it stood before the amendment abolish 



ing slavery, you will remember that 
representation was counted to each 
State upon the basis of free persons and 
three-fifths of its slaves. In the Unit- 
ed States there were, according to the 
census of 18G0, 3,350,500 slaves. — 
Three-fifths of those slaves gave to the 
slave States eighteen representatives. 
Now, by the former amendment, 
which abolished slavery, the two-fifths 
which were not represented have be- 
come free, and are entitled to repre- 
sentation, which gives the Southern 
States 12 additional representatives. 
So that the Southern States have 30 
representatives in Congress for their 
blacks alone. In other words, the 
white people of the South would vote 
for their blacks thirty votes in the 
electoral college, and also in Congress, 
and thus the representatives of blacks 
in those States being thirty in num- 
ber, would equal in power in the Na- 
tional Legislature, the entire States of 
Ohio and Indiana. And yet the op- 
ponents of the amendment say that 
they are for a tvhite man's gover-nmentj 
while they contend for a representa- 
tion of 30 votes in Congress for blacks 
alone. [Laughter and applause.] 

Now, fellow-citizens, if those white 
people had all been loyal down there, 
you would not be willing to have that 
sort of representation come in com- 
petition with yours, would you ? [A 
voice, " No ■'] On the other hand, 
they liave been traitors to the Gov- 
ernment; and are you Avilling now, 
that they should have a representa^- 
tion for their blacks in addition to 
their equal share Avith yourselves, 
equal to those great states, Ohio and 
Indiana"? [Loud cries, "No, no."] 
This amendment proj^oses that every 
free white person in the South shall 
have a representation equal to that of 
a white person in the North; and if 
they intend to have a further repre- 
sentation they shall not vote for the 
negroes, but shall let the negroes vote 



13 



for themselves 

plause] Isn't this fair? [Voices, 
"Yes."] South Cavolina lias 200,000 
white population, and 400,000 blacks. 
Sliall 200,000 whites in SouthCarolina 
east as many votes, and have as much 
influence in the Government as 600,- 
<X)0 free Avhite citizens of Illinois'? 
[A voice, "No, never."] Sliall a 
■white traitor in the South exercise a 
power equal to three lojal Mdiite peo- 
]ile in the Nortli? [Voices, "No,no."] 
That is a plain proposition. 

I confess to yon, fellow-citizens, 
that I should have gone further than 
Congress did. I am for standing by 
ray friends, and not by my enemies ; 
and if we allowed a traitor to vote 
who had raised his arm to pull down 
the flag, I would have said, allow, 
also, those 200,000 black soldiers to 
vote who bore the flag aloft in the 
face of Jeff. Davis and his rebel 
liordes. I Avould allow the right to 
my friends as well as to my enemies. 
[Loud applause.] I will take no 
back track in this matter ; bnt while 
this is true, I yield to the amend- 
ment. It was the best thing I could 
do, and I am in favor of it. It will 
finally work out the same results; for 
T am here to say to you, fellow-citi- 
zens, that none will be able to stay 
this consummation, the right of every 
one to the enjoyment of civil and 
religious liberty. I am for the Eng- 
lishman, the American, the German, 



the African ; and I am especially for 
the Irishman at this time, when he is 
s^tanding up for his rights. [Cheers.] 
I hope to see the hapj)}' day come, 
when Ireland shall, in the pride of 
her power, glorj- in an independent 
and separate nationality, and we shall 
Fend to tl)e Re])ublic of the Emerald 
Isle, a duly accredited minister of the 
United States. [Applause.] I have 
no particular affection for the English 
(5ovei-nment just now. I reniember 
the Trent surrender, and the attack 



[^^|eers a^nd ap- of the Alabama on tne Ivearsarge,- 
and if the time shall ever come, that 
a fight shall be between England and 
Ireland, I am in favor of returning 
to England her own interpretation of 
international neutrality, by sending 
our Kearsarges after her Alabamas. 
[Immense applause.] I am for libera 
ty everywhere. I am for the Mon- 
roe doctrine, and against Maximillian 
and all tyrants the world over. — 
[Cheers.] The party to which I be- 
long is the only i)arty which can carry 
out this graTid reform of human ]>ro- 
gress, and establish liberty on cveiT 
foot of American soil. [Cheers.] 
These are the principles upon which 
I stand. They are living, inextin- 
guishable, and immortal, and the 
gates of death and hell shall not pre- 
vail against them. [Loud cheering.] 
But, fellow-citizeng, I have said 
this amendment is magnanimous. — 
There is nothing radical in it. It h 
so fair, that neither traitors or cop- 
perheads can object to it. It is sim- 
ply that their white people in the 
South, in proportion to their num- 
bers, shall have as many votes as our 
white people in the North ; and if 
negroes are to vote, tlie7/ are to confer 
upon them that right, and not tve. — 
(voices " That's right.") So that when 
a copperliead says we are contending 
for Universal suffrage, I say that the 
amendment does not impose univer- 
sal piiffrao-e ; nor even impartial suf- 



frage — nothing that goes so far as 
President Johnson did in his letter to 
Gov. Sharkey recommending '• suf- 
fi'age to such colored persons as could 
read and write, or who owned prop- 
ei-ty to the amount of $250." It con- 
fers the right ou each State to say 
who shall vote, but they shall not have 
representatives for their colored peo- 
ple till th.ey give them the right to 
vote. Is it unreasonable or vindictive 
to demand of rebel States which have 
attempted to overthrow the Govern- 



14 



Tuent, that in restoring them to tlie 
family wliose happiness they have 
U-ied'to destroy, they shall not have 
t^reater power in proportion to num- 
bers, than tlie States which through 
e\-il and through good report, have 
been true and taithful to the Cousti- 
iution, Union, and happiness of the 
whole'? Shall we, instead of award- 
ing the rebels the just punishment 
duo for their enormous oifenses, re- 
ward them for their treason, by giving 
t,iiem a larger representation, and 
more power than they had before the 
rebellion commenced 1 (No, no.) 

Kow, fellow-citizens, 1 ask you, if 
as your representative, I ought to 
cast my vote for the admission of re- 
presentatives from tiiese rebeUious 
States, till they give some evidence 
of loyalty I (Cries of no, no.) They 
my they surrendered in good faith. 
They surrendered because they were 
whipped. (Laughter.) Every thief 
that goes to the penitentiary surren- 
ders in good faith; but the question 
is "has the thief become an honest 
man." The question is, " has the 
traitor become loyal to the Govern- 
liientT' Wlieu they come as the 
prodigal came, saying to the nation 
'• we iiave sinnedjagainst Heaven and 
in thy sight, andv are no more wor- 
thy to be" called tjiy sons ; make us 
as'^one of thy hired servants 5' when 
they have become tired of eating 
husks and penitently say " we will go 
to the house of our fatlier, where 
tJiere is bread enough, and to spare;" 
I shall be ready to run and meet them, 
and to i)ut the best robes n})on them, 
to put rings upon their fingers, to kill 
fatted calves for them, and to make 
merry over these sons "who were 
lost and are nowtound again." But 
is this the kind of penitence they now 
bring to the loyal millions who liave 
sub(fued them. Alexander Stephens 
Hays " no, we must not be humilia- 
ted." " We must come under the 



Constitution of the United States." 
We ask Mr. Stephens, "have you 
changed your opinions any ?" " Are 
you sorry for what you have done." 
" We are sorry we are Avliipped." 
" Are you not as much secessionists 
as you ever were ?" " Yes ; but still 
we are willing to accept the situation 
and to take part witli you in running 
the Government." They don't pro- 
pose to come and stay on the outside, 
but. to rule the Go^'ernment which 
they tried to destroy. They propose 
to tight us wit!i the bayonet as long 
as they please, and then to vote ua 
down Avith the ballot. Why are they 
out? Who expelled them? Didn't 
they go out of their own accord? 
Haven't they been swearing and 
fighting to stay out for five years? 
and now they swear just as defiantly 
that they Avill come in. (Applause 
and laughter.) Some have be-en striv- 
ing to go out for tliirty years, and 
now expect to come back in thirty 
days. 

Feliow-citizens, we want some as- 
surance that this government is not 
again to be put in peril. Why, sirs, 
I as Governor raised 250,000 volun- 
teers, and sent them to the battle-field 
to triumph or die. They left their 
homes and Avent forth to battle ; 
slept in the swamps, climbed tho 
mountain heights, and trudged 
through mud, and riiin, and snow. 
Thqy carried our flag in triumph. 
(Applause.) Thousands returned say- 
ing " I lost this arm as I scaled the- 
heights of Douelson." "I lo.st thi* 
leg at the battle of Chickamauga." "I 
lost this eye in the thickets of the 
Wilderness." And thousands and 
hundreds of thousands sleep their 
last sleep on the banks of the Missis- 
sippi, the Tennessee and the Cumber- 
land, on the heights of Lookout 
Mountain, and in the sands of the 
ocean shore. Ami, now, am I their 
I rejnese!i*^^ative iu Congress, by my 



15 



vote to "-'ive over tlic Government to I els in convention you become one of 
the men whose hands are stained with | them. You^say there was great har 



the blood of my brave boys and write 
upon the hillocks whioli cover the 
bones of the noble dead. '' Died in 
vain*'?" (Never, and loud applause.) 
Those Avho opposed the war may, but 
do not expect me as your Senator, to 
surrender this Government to rebels. 
(Kenewed applause.) We fought to 
overcome secession, and yet you pro- 
pose to allow these secessionists to 
come with hypocritical smiles upon 
tlieir faces and bowie-knives in their 
sleeves to take possession of this Gov- 
ernment again. 

I was at the Philadelphia Conven- 
tion on the 14th day of August last. 
I was at that harmonious Convention 
of the Johnson-copperhead-rebel par- 
tv [cheers]; and altliough I was not 
inside, I v/as in the audience where I 
could sec what was transpiring.— 



mony. "Extremes meet," said Ben. 
Butlei''s dog, when in pursuit of liis 
tail, but after all it was the different 
ends of the same dog sticking togeth- 
er. [Renewed laughter.] It was a 
most harmonious convention, because 
they allowed no debate. They re- 
ferred their resolutions without de- 
bate, to a committee, to sny whether 
thej^ were riglit or not. 

You know it is a part of natural 
history that almost all races and tribes 
and families disagree. Society has its 
disagreements. The beasts of tho 
field, and the songsters of the trees 
and raeadows,have their quarrels; but 
naturaf history says there is one trite 
in which there is entire harmony; that 
is the snake tribe. (Shouts of laugh- 
ter.) Tlie rattlesnake is the emblem 
of South Carolina: and I was not sur- 



What was that Convention composed i prised when I saw the magnanimou.-; 
of? Men defeated at the polls, and j rattlesnake of South Carolina enter 
men defeated on the field of battle. | the Johnson Avigwam arm in arm 
ItAvas composed of copperheads in J with the treacherous copperhead of 
the North; demagogues, and men who Massachusetts. (Laughter.) 
were opposed to the war, and voted Fellow citizens, I was at another 
it a failure; vrho resisted thedi-aft; convention in Pniladelphia. Onehun- 
who chuckled when they heard of [ dred and fitty thousand people assem- 



our defeat in any of the battles 
fought; and Avhen they lieard the 
news of our victories said the tele- 
graph lied ; v/ho didn't fight them- 
selves, and persuaded others from 
fighting. Then, next, were the trai- 
toi'S from the South, from whose 
hands the stains of Union blood was 
not yet washed. There were, how- 
ever, a few office seekers of the 
"bread-and-butter brigade." [Voices, 
'•Ketcham."] I haven't made any 
l>ersonal allusions. [Laughter.] Tlie 
peace Democrats there said they did 
not see any difference between theni- 
eelves and Southern rebels, and I con- 
fess I did not. [Laughter.] I care 
wot what your professions are, yvhen- 
t'vtr you join hands with bloody rcb- 



bledon Broad stre-, on that occasion. 
There were the true loyal men of tli« 
South. There w;is no stain of their 
brotlier's blood on their hands. There 
was no guilt of perjury on their souls. 
There was no crime of treason rank- 
ling in their bosoms with malignant 
hate, because they could not have con- 
trol of the nation. They h^ave en- 
dured persecutions at the South and 
were exiled for their love of tlie Union. 
I tell you, my friends, that was one 
of the grandest sights mortal eyes 
ever beheld — the largest multitude of 
people ever assembled in Independ- 
ence City. One hundred and fifty 
thousand people surrounding eleven 
stands ; the long procession of the 
'•Bovs in Blue." and the ''Invinci- 



16 



bios," -with their torches and traiis- 
j)arencies, and blazing rockets, and 
mottoes. It was liivc a })rarie lire in 
the olden time before the settlements, 
when the grass was tall and dry in 
autumn, when the smoke heaven- 
ward towered, and sheets of flame 
went crackling, leai)ing, dashing, 
roaring and surging across the plain, 
like the billows of an ocean all on 
lire. (Applause.) Aye, sir, at such 
times, wolves and copperheads run for 
their holes. (Laughter.) 

But, fellow citizcns,you ask me how 
long 1 would keep these traitors out 
of the Government ? "Well, I am in no 
particular hurry about it. (Laughter.) 
I didn't send them out. They went 
out of their own accord from tlie best 
and most btMiignant (rovei'ament on 
ejirth, and without the slightest prov- 
ocation, and Avith a most wicked and 
devilish sjtirit. I am for their com- 
ing back when we want them to come, 
tmd not at a time of theiu choosing. 
(Cheers.) Who is to decide this 
question, the loyal millions or tlie reb- 
els and traitors t Wlio is to decide 
it, the loyal inillions through their 
repref-entiitives in Congress, the body 
to whom the Constitution has assign- 
ed that duty, or the l*i-esident, who 
has gone over to Jell". ])avis and tiie 
coppcrlieads '? 

It is proposed that Stephens and 
such other rebels as may be elected to 
Congress, shall take their seats and 
shall ilecide whether the Government 
shall pay the rebel debt, or whether 
comiiCTjsat'.on sliallbe made for slaves, 
&(i. They are to be jurors aiul judges 
to sit npon their own trials. Well, 
sir, if a burglar could be one of the 
jury that tried him, I guess he would 
be acquitted, or there would be a 
hung jury. (Laughter.) I am lor 
their coming in Avhen they are rrr to 
come. (>od knows 1 would like to 
see the Lhiion restored, wilh all its 
stars and stripes, and J will hold out 



tljc liand of fellowship to every State 
where I believe there is a true and 
safe loyalty ; but I want a permanent 
Union, and as Mr. Lincoln said, I 
want "peace to come and to stay." 

Now, my fellow- citizens, am I not 
right in this ? (Yes.) l^et rao ask 
you in all candor, are theyy<V to come 
in ? Answer one question, and that 
decides the whole matter. Do you 
siq)pose that any of you can go down 
South and ex])rcss your sentiments 
freely, in safety ? No ; and yet thft 
Constitution of the United Statew 
guarantees to the "citizens of each 
State all the privileges and iimnuni- 
ties of citizens in the several States." 
I have seen hundreds of the loyal 
Southern men, at the Convention in 
Philadelphia, who tell me there is no 
safety ibr life or ])ro])erty in thoi« 
States, either for colored men or fof 
loyal white men. 

Will you take these men back in 
sight of the iiames of Memphis ? — in 
sight of the bloody murders of New 
Orleans 1 If I had time I could dem - 
onstrate that the New Orleans Con- 
vention Avas a lawful body and law- 
fully assend)led; but wliether lawiul or 
unlawful, the facts go td indicate and 
])rove that the assault npon it was a 
deliberate conspiracy to murder the 
members of that Convention, riiil. 
Slun-idan, on the 2d day of August, 
telegrajihed to General Grant (which 
telegraph was suppressed by the Pres- 
ident,) as follows : 

"It was no I'iot; it was an absolute- 
massacre by the ]»olice, which Avas 
not exceeded in barbarous cruelty 
by that of Fort Pillo\v. It was :i 
murder Avhich the mayor and police 
of this city perpetrated Avithout a, 
shadow of necessity. Furthermore, 
I believe it Avas p>remeditated and 
pre-arranged." 

He hi'.d, on the first of August, tel- 
egraphed that the mayor had "in hi.s 
absence suppressed the Convention by 



17 



the ii.se oi his [lolicti bree, and iu so 
doiii!^ fittacked the rnfmbers of tho 
(yonveulion, and a party of two ',un- 
dred neijci'oes, witl) fire-artiiH, clubn, 
and knives, in a rnnniUM- ho unneces- 
sary and atro(!ious as to conipel »ne to 
say it was rnurdor." This f)art of the 
disj atch was also suppressed by the 
President ; and, f ask you, for what 
motive, except to conceal from the 
po-ople tlie <'viden('e of his own mal- 
teasiancc in not preventing tiie riot as 
he was requested to do. I will not 
pursue det.'iils of lh:it horrible trairedy. 
While a minister of devoted piety 
and high standing was ofi'ering up a 
]jruyer to God, this vile mob of trait- 
oi's under Mayor Monroe, whom Mr. 
Johnson had pardoned to take that 
ofKee — made the murderous attack 
upon the Convention. The ministei', 
who was a brave as well as a good 
man, said "he would go and appeal to 
ttie mob — they would not hurt him." 
lie took a small American ling, tied a 
white handkercliief around it, went 
(jut into the crowd, and they jjounded 
him to pieces. They should be re- 
ceived into this nation, should they't 
And these murders are justified by 
Andrew Johnson in his speech at St. 
Louis. " Oh hliame, where is thy 
blush :" 

How long v\ill I keep iliem 
out if Till every American citizen can 
tnivel to evt.-i-y vill;ige and hamlet in 
these States and speak his sentiments 
fr<'ely and be protected in his prop- 
eity iind enjoy his Constitutional 
riiiiils ; till tliej-e are no .skeletons 
of loyal men hung to the trees by tiie 
highw.-iys ; till the Hag of our coun- 
try is no longer insulted, and till they 
do away with these grievances ; I 
will keep them out till Gabriel's last 
trump shall sound (Cries of good, 
good, and apphiuse so loud that the 
lemaimler of the sentence could not 
be iieard.) I don't wish to make 
threntrt, and 1 will iioi be thre:<tened. 



I will not threaten Andrew Johnson, 
and he shall not threaten me. When 
he says he can he Dilatator it is a 
thivsat to the people. 

When Seward says, "Will you hare 
Andrew Johnson for President or 
king f I tell you that it makes tho 
blQod of every American citiz<Mi leap 
through the arteries of his frame 
that any num dares to suggest such 
an idea. (A-pplause.) <> tempora, O 
mores! Are not the tinjes sadly out 
of joint when large lui miners of the 
leaders of the .lolmson rebel paity 
arc looking to the overthrow of con- 
gress and the regulaily constituted 
authorities of the Government, and to 
the establiHhment of usurped author- 
ity in their places ? 

Passing over the threats of Garret 
Davis and the Southerji press, and a 
portion ol the Northern copperhead 
press, is it not time, T ask, to have 
the sentinels of liberty on the watch 
tower, when Montgomery Blair, the 
dismissed Postimister Geneial of Mr. 
liincoln, and now the highest accred- 
ited minister of Andrew Johnson in 
preaching "my policy", is day by day 
with Satanic coolness threatening the 
people with two Congresses ? 

The plan seems to be to elect twen- 
ty-five copuerhead re|)reHentatives in 
districts now rejiresented l)y loyal 
men, and these, added to the copper- 
head represent itives now in('ongress 
and to the delng.-stion from the i-ebel 
States, v.ill constitute a majority, and 
they will :ipply to the President for 
recognition, which he will grant. 

The loyal i-epresentatives will then 
impeach the ]-*resident, and we will 
have eivd war. They are thus by 
threats like these attem])ting to in- 
timidat«.> the people, and induce them 
to surrender their rights. Fellow 
citizens, not only as a citizen but a» 
a Senator, i defy them; (loud cheers,) 
an. I 1 will say to Montgomery lllair 
«nd And.rew .folmson, that so fir as 



1.^ 



Illinois is concerned, «he rained 250, 
000 troops before; but when another 
attempt is made to overthrow the 
Government, 500000 swords v>-i]l leap 
from their scabbards to put it down. 
(Great apphiuse ) The rebels of the 
South will again reckon without their 
host. The Northern copperheads, 
whatever may be their personal cour- 
age, will not expose themselves in 
battle in such a cause. No, sir, they 
dare not raise their hands against the 
flag. Why did they not join Mor- 
gan and Lee in their Northern raids? 
Let all conspirators against the liber- 
ties of this country take due and 
timely notice, that the loyaJ millions 
will meet them at Phillippi. You 
shall not tear the temple of liberty 
down. (Immense applause.) 

Fellow citizens, I did not intend 
to occupy your time so long, (voices, 
"go on, go on,") but I wish to warn 
you that there is real danger. Not that 
we wiil not finally triumph and save 
this Government — for we will — but 
there is real danger ot civil war. — 
There is no question in my mind, nor 
in the minds of distinguished Sena- 
tors with whom I have conversed, 
that the conspiracy to which I have 
referred is widely brewing, and that 
the Catalines are not few in num- 
bers. Andrew Johnson is soured and 
stands precisely in the same attitude 
to the American people in whicli 
Jeff. Davis stood before the war — 
There is no particle of difference 
whatever, except that Jeff. Davis was 
truer to his professions ; he was an 
educated secessionist, and had the 
plausible excuse that he was figliting 
for his State; but Johnson hav brok- 
en his word, betrayed liis fi-iends and 
joined the enemies of his country. He 
intends to have power. He is a weak 



I man of fierce passions, and one tipon 
j whom demagogues can play and are 
! playing. He is not surrounded by 
I the patriots of the country, but by 
j copperheads, secessionists and rebels, 
i and is ready to recognize an unlaw- 
I fully constituted Congress, Avhich is 
I an usurpation, and will necessarily 
j bring civil war. 

I Now you sec that our only plan is 
I by an overwhelming demonstration at 
i the polls to sho\^' that any attom])t 
i at usurpation, by rebels, copperheads 
I and Andrew Johnson will be futile ? 
I Thank God, we know what that dem- 
j onstration will be. NVe have already 
i heard a glorious shout from 31aine, 
j which has rolled up a loyal majority 
I of 30,000. [Cheers and prolonged 
applause.] There is no doubt in my 
I mind that Pennsylvania will give -10,- 
I 000 majority, and we shall carry ev- 
i ery northern State. Instead of their 
gaining twenty-tive rej)reseiitatives, 
t tliey will not gain one. I believe we 
shall carry every doubtful State, dis- 
trict and county in the nation, and I 
hail the day when old Morgan shall 
come out with her banner to the sun 
in fxvor of liberty and the L^nion. — 
[Great applause.] There is no ques- 
tion about it if you will do your duty. 
I have spoken longer than I inten- 
ded, ("go on, go on,") but in closing I 
must refer again to this grand recep- 
tion, and thank you for it — <ind 
wherever I may go, my eyes shall 
turn back to this serene, as one of the 
greenest spots in the waste of memo- 
ry, and I shall liavc the pleasing con- 
sciousness that however others may 
feel towards me, I have the respect 
and confidence of my neighbors, and 
a happy home among my fellow-cid- 
zens of Morgan county, [Loud ap- 
plause.] 



THE TEMPERANCE MOVEMENT. 



:iESS 



OP 




Bkfoke tue CoKGRBSSioNAii Tempehance Association, on Sunday 
Evening, Feuruaiiy 17, 18G7, m the Houhe of IIepee- 

SENTATIVES, WASHINGTON, D. C. 

In introducing the speaker, Hon. Henry Wilson, president of the associ_ 
ation, said : 

We have passed through a great war, in which we fought six hundred 
battles for the Republic. lu that great contest Illinois played a glorious 
part. The Governor of that State linked his name forever with that grand 
struggle for unity and liberty. I have the honor and the pleasure to present 
Governor Yates to this assemblage. [Applause.] God grant that in the 
great struggle in which we are now engaged against the enemy of human 
nature he may associate his name as gloriously as he did in the war against 
the enemy of his country. [Applause.] 

ADDRESS OF SENATOR YATES, 

Ladies and Gentleman: It was not my intention to address you at all 
until this afternoon, and I feel the need of more preparation before speaking 
to so large an audience a.s this. The reason why I did not propose to ad- 
dress, this assembly was because having so recently associated myself with 
the Congressional Temperance Associatign, I did not like to make a parade 
of myself before the public. Men sometimes sign pledges, and they break 
them ; but, Mr. President, I have signed for good, [applause,] and I have 
made my covenant with God that I will keep mine. But I felt it were bet- 
ter to prove first that I was well established in my new position before I 
attempted to express sentiments on this question in that earnest and enthu- 
siastic manner in which I always address my fellow citizens in behalf of any 
cause which has the conviction of my judgment and the approval of ray 
heart. 

Some two months ago your distinguiRhed chairman, the able and eloquent 
Senator from Massachusetts, in his kindness, in the goodness of hi.s great big 
heart, came to me with a petition numerously signed by members of Con- 
gress, and said : " Governor, I want you to sign a call for a temperance 



mcctin- " " With all mv heart," said I. I signed it But the temperance 
nieetin^" did not come olL I became impatient. 1 went to the honorable 
Senator, and told him I was tired of waiting; could he not furnish me a 
Pledge V He said he could to-morrow. The next day he furnished me with 
a printed pledge of the Congressional Temperance Society 1 put it in my 
^o'cket, took it home, took it to my room, read it c.u-efully and, a ter one 
look to God and one to home, I signed the pledge. I raised myself to my 
full height, and I was trek. [Great applause.] If I refer to m.self m the 
remarks I have made, and which I intend to make, I assure you it is not 
from egotism, for I take no peculiar pride myself in having been addicted 
to the use of ardyit spirits. But there is another reason why I feel per- 
...itted to refer to myself, and that is, because while 1 have eonsidered that 
Twa Wy amoderate drinker, it has been published all over the land that I 

was a Jrnnkaid. , , , , 

Fellow-citizens, theve was some truth in this, and there was a vas deal of 
pvror in it too. I was addicted, to drinking occasionally as« stinaulns, as 1 
supposed to strengthen my nerves-[laughter]-and as a heightener of so- 
dinoys But, Mr. Chairman, differently from other men, I had a most un- 
for .unite difficulty with myself, and that was, I had a wonderful lachty 
whenever I drank, of letting everybody know it. [Laughter.] My spree 
were not frequent, but they were long and they were loud. [Laughter.] 
The grand prairies of Illinois did not furnish area enough for one of my 
forward movements. [Laughter.] That was not only the ease, but what- 
ever I have done for the last seventeen years-whether I had to make a 
Lech to a political meeting; whether I spoke against the Nebraska bdl 
nponthe Ooor of this House; whether as Governor, I wrote a message or 
published a proclamation, or prorogued a secession legislatnre- great ap- 
p ause]-the universal charge of the opposite party was, that all these a.ts 
were done under the influence of whiskey. [Laughter.] Now fellow- 
Xns I have concluded to put a stop to this matter. The ed.tors and 
porters of newspapers are an honorable class of gentlemen whom 1 re- 
ject • but I want those libellous seribblovs who have made so many nns- 
IreLntations as to my course-of conduct, to understand that from th.s 
me henceforward their vocation in that respect is gone-[ aughter and ap- 
nlausel-and they may now publish their libels nntil the hand that wrrtes 
fhem hall fall withered and palsied; but I never intend that they shall 
have any license or authority to publish me as a drunkard agam even ,f I 
have to abstain, as I will abstain, from the mildest glass of clare that ever 
L fair hand of the fairest lady in this land should present me [ App airse ] 
There is the evil of the thing: this misrepresentation, th.s liabd.ty to 
misrepresentation. Why, sir, after I had made these speeches some sh,arp 
arUcl of abuse would bo published in some paper, and some " Fnendly In- 
;l„ „f ,„i„e_[laughter]_would mark around it wUh black ln«,s and 
send It to me for my Christian contemplation and supreme del.gbt. 



[Laughter.] I will stop it. I have promised God; I have promiBod my 

co'Uiitry ; J jiavc promised that proud Commonvvcaltii which for twenty five 

consecutive years has honored me witli all her pul))ic positions, in the Lcgis- 

Aj lature, as Governor, as raem))er of botli houses of Congress ; I have 

" promised all who love me, and I have promised Katie and the children — 

[loud applause] — that I will never touch, taste, nor handle the unclean 

" thing — [applause] — and by the blessing of God and my own unfaltering 

u« purpose, I intend to fight it out on this line to tho last day in the evening 

\» of my life. [Applause.] If all you, gentlemen, \vould do the same thing, 

you would lose nothing in mind, body, or estate. [Laughter.] 

Fellow-citizens: It may seem strange, but I would, us I feel now, as soon 
drink fire from hell itself as whiskey, for it is hell and damnation too. It de- 
stroys the health, and mars the beauty of the body; it can bow down to 
earth the most giant intellect, and make it weak as that of a child : it de- 
moralizes and it annihilates the immortal soul. It makes a man forget his ' 
cliildnMi or the wife of his bosom, and treat them with harsh unkindness 
and barl)arit3r, and even murder them. Unaffected by intemperance Lo 
would peril his life for that wife of his loye; he would dive into the ocean's 
depths, face the cannon's mouth, or peril his life amid the flames of the 
burning dwelling to snatch from death his darling babe, 

I do not suppose at all that I am superior to anybody else in intellect. I 
certainly have no special claims to consideration from birth or fortuue ; but 
there is one thing I do claim, and that is, that God has endowed me with 
nobility of soul, with warm and generous impulses — a heart as unfathom- 
able in its affections as the ocean, and as broad as the area of humanity, 
and I appeal to you, Mr. Chairman, from our sliglit acquaintance, if you 
do not think I have enough of the ardent about mo without ardent i^'pirits. 
[Laughter.] 

Mr. Wilson. Yes; you have. 

Mr. Yates. I would say to the young man that grandeur of human 
character does not consist in transcendent genius alone. It does not belong 
alone to the statesman beneaih whose eloquence listening Senates sit en- 
raptured; it does not belong alone to the warrior who bea,rs his proud, 
un(!onquered banner over every field; but.it does consist in force o^ 
character, in force of soul, feeling, thought, and purpose. Caesar was a 
weak man when he sacrificed the liberties of Rome by sufiering Marc An- 
tony to put the crown upon his head. Washington would not have been 
great if he had yielded to the temptations of his willing army, and accepted 
a crown at the expense of the liberties of his country. The reformed 
drunkard accomplishes a more heroic achievement than did the Spartan 
band at Thermopylae, because he conquers himself. That man is only great 
who seeks right and truth and justice, and adheres to them with strong, 
vigorous, and perpetual purpose. 



As to the effects upon the nation. Mr. Jefferson said . ninny yetws ai^o, 
that— 

" The habit of usinf:: alcoholic liquors by men in office has created more injury 
to the public service, and given more trouble to me, than any other circumstancG 
■which has occurred in the internal concerns of the country durins; my administra- 
tion. If I had to commence mj' administration again with the knowledge I have 
from experience derived, the lirst question which I would ask from a candidate for 
public favor would be, is he addicted to the use of ardent spirits." 

The man who is to lou*ishito for a cii't's^t eountry, to help make laws and 
constitutions involvint!^ tlie ileslinies of millions of human bein!:^^. ougl\t to 
be a man of rellection, moral principle, integrity, and, above all. a sober 
man. [x\pplanse ] (<iO into your legislative hall, State and national, and 
behold the drunkard staggering to his seat, or sleeping at his post, and 
ask yourself the question whether ho is not more fit to bo called a monu- 
ment of his country's shame than the representative of freemen. Would it 
jiot be most fearful to contemplate that ill-fated epoch in the history of our 
country when the demon of intemperance shall come into our legislative 
halls without shame, remorse, or rebuke; when he shall sit upon juries, upon 
the bench, and drunkenness run riot among the people ? Who then will 
protect the ship of State upon this maddening tide; who will steer her in 
her onward course amid the dashing billows; who spread the starry flag to 
the free, fresh, wild winds of heaven ? 

Watchman, what of the night ? We have been engaged in a mighty re- 
volution. Your army and navy have carried your arms under Grant and 
Banks against the Gibraltars of the Mississippi, and opened that stream from 
its source to its mouth. Under the gallant Joe Hooker your troops scaled 
the heights, and above the clouds unfurled to the sun the glorious flag of 
the stars. [Applause.] Sherman marches from Cairo to the sea, while 
Grant marches through the Wilderness to tlie Confederate capital. The rebel- 
lion is crushed. Behold ! a whole race set free — the shackles of tlie ages 
broken, and we see full higli advanced the standard of the nation's redemp- 
tion. Hark ! diniia you hear the pibroch of the Highlanders, and Ixn-uo 
upon the wings of the wind the slogan shout of universal emancipation "/ 
[Applause.] 

And now shall this puissant nation, " Columbia, queen of the world and 
child of the skies,'' pause in her efforts when there is an enemy in our land 
more destructive than war, pestilence and famine combined, which sends 
annually one hundred thousand men to untimely graves, makes fifty thou- 
sand widows, and three hundred thousand wives worse than widows — 
fdling our prisons, our poor-houses, our lunatic asylums, and swelling to an 
untold extent the great ocean of human misery, wretchedness, and woe? 

Somebody told me he saw in a Chicago paper the other day that since 
Governor Yates had joined the temperance society, whiskey hail fallen ten 



wniH a ^mllori. [liim^htor.J Well, tliat's good, ItkIoocI, [Lau^-hter.j 
Al all (!V(Mil.s, it'H good new n, for ull tliat ovor kept my Blan(ior<ir8 from 
lin'nkinf^ themBclves to death pro bono pubiico was the high price of whiB- 
l:oy. [Laughter.] Wo will bring it with ill their reach, for it will have to 
fall mnoli lo w<!r than the presfint price before; it reaches its real intrinsic 
value— afipccie banis. [Jjaughter.] Mr Frefiideut, if old King Alcohol were 
dead and buried, as he ought to be, beyond the power of resurrection, this 
nation could bear our national debt like a young Hercules. [Applause.] 
Then, sir, two blades of grass would grow where one now grows, and un- 
bounded wealth. Imperial power, and proud position would be the heritage 
of the nation forever. [Applause.] 

[?iit some say this tempCTancc business is fanaticism — it's a gloomy nort 
of life. There never was a greater mistake. Temperance is one of the 
sweetest and most delightful things upon earth; it is the very spring-head 
of cheerfulness, happiness, and joy — the very chivalry of manhood itself I 
have been a temperance man for fifteen days, and I am a gayer boy to-night 
than I have been for seventeen years. [Ijaughter.] I think I am the 
gayest man in the Senate, except the compeer of Claj' and Crittenden — tlie 
able, indomitable, and gallant old cavalier of Kentucky, (Garret Davis.) I 
ex(;e)>L you also, Mr. Chairman. [Laughter.] Temperance gloomy ? Not 
a bit of it, Mr. President. My pledge shall be a perpetual charm — "a thing 
of b(!auty which is a joy forever" — not a cloud of gloom, but an ever-pre- 
sent rainbow of promise, hope, and beauty. I am as proud of it as of my 
wif(! and children, and that is the strongest way I have to express my pride. 
[A])plause.] I aai as proud of it as I am of the commission which entitles 
me to hold the position of an American Senator. ]}y-the-bye, Mr. Chair- 
man, 1 will submit to you the question: I rather think the commission and 
the temperance pledge ought to go together. [Applause.] What do you 
think about having "the teetotaller" put into the iron-clad oath. [Laugh- 
ter.] 

You say, of what use is the pledge '( I will t<;ll you: Twenty days ago 
there came along a friend of mine — a Senator — aiul said, " L«'t us take a 
drink." I said, "Certainly, all right." Another frierni from Illinois in al)out 
three minutes and a half came along and said, "Let us take a drink." Said 
I, "All right." It is this way. One drink of li(p;or is (enough for me; 
two ain't half enough, [laughter,] three is oidy one-third enough, and four 
is chaos. After I signed the pledge I was asked several times to drink; 
but I didn't do any such thing. [Laughter] 

After I signed this temperance pledge I wrote to a little lady out in 
Illinois, who weighs about a hundred pounds, has black hair and flashing 
l)lack eyes, and " a form fairer than Grecian chicjcl ever woke from Parian 
marble," and I received the following answer : 

"My Drati RicnARD : ITow beautiful i.s tbis morninfj-! how bricflit th« nun 
sbincfl ! how sweetly our birds sitig I how joyous the childfen ! how hai»\j<y }« my 



6 

heart ! I see tlic mile of God. He has answered the prayer. Always proud of 
your success, you have now achieved that success which God and ancels will bless. 
It is the shining summit of human aspiration, for you have conquered yourself. 
All who love you will aid j^ou to keep the pledge. I love you, my dear boy. 

Katie. 
[Loud applause.] 

Love, the sun, soul, and centre of the moral universe ; love, which links 
angel to angel, and God to man ; love; whiph binds in one two loving 
hearts. — How beautiful is love. [Applause.] 

As I look over this audience, eomposcd of Senators and Representatives 
of this great nation, and these galleries blazing with beautj^ and the worth 
of the city, and sojourners from all the States and Territories, J ask myself 
wh}^ they are here ? Troud England, upon whose dominions the suu never 
sets, has but one queen; but, thank God, we have millions of queens, who 



'Walk in beauty like the night 
Of cloudless climes and starry skies," 



whose chains we feel, and yet we bless the silken sceptre. Yon are here 
to give, by your presence, encouragement to the Congrcssional Temperance 
Society; and I propose, sir, that this society shall be the beginning of so- 
cieties throughout the laud, and that we will push forward the temperance 
column, move upon the enemy's works, and give him grape, canister and 
Greek fire. [Applause.] We will storm the citadel of intemperance, until 
it shall crumble and totter and fall to the earth. [Applause.] Why do I 
refer to the ladies ? Because their example is mightier than the eloquence 
of a thousand Senates or the banners of a thousand legions. [Applause,] 
You are here to-night to see the snowy white flag of temperance as it is 
unfurled over the Capitol of your country, as it rises and rises, and unfolds 
to God and spreads until it shall cover the whole land, and until there shall 
not be a drunkard nor a moderate drinker to take away the bloom from the 
cheek of female beauty, and until all the hearthstones of this land shall bluze 
with comfort and joy, and happiness and gladness shall dwell in green fresh- 
ness there. [Tremendous applause] 



[From au Editorial article in the Washingtou Daily Chronicle, 
February 18, 1877.] 



THE CONGRESSIOML TEMPERANCE MEETING. 



The Congressional temperance movement in Washington promises to 
lead to the most gratifying results. 

The movement for a State temperance conventien, to be held at Harris- 
burg, Pennsylvania, on the 2Gth instant, headed by the Governor, Secre- 
tary of State, and Speaker of the Senate, is hailed with much satisfaction 
in this quarter. No such meeting has ever been held in the national capital 
as that which assembled last Sunday evening in the hall of the Ilouse of 
Representatives to organize a Congressional Temperance Society. It was 
one of the events of these eventful times. Thousands were turned away. 
Every available spot which gave even room to stand upon, in the galleries, 
upon the floor, and the very doorways, was occupied, while dense lines of 
anxious men and women extended back from every door along the corridors. 
The speeches were short, brilliant, and effective. That of Governor and 
now Senator Yates, of Illinois, was particularly touching. His bold and 
determined stand against intemperance, his avowal that henceforth he never 
would touch a drop of liquor of any kind, and his frank statement of the 
effects of drinking upon himself and others, deeply moved the audience. 

So general is the desire of the thousands who heard his remarks, and also 
of many who were unable to gain admission, to sec the speech in print, that 
we produce it in our columns. The reader who was not^present cannot fully 
a])pi'ociate the effect of the speech, so much did it depend upon the manner 
of delivery. The Speaker has a magnetic power over an audience which is 
rarely equalled. At Grst hesitatingly, as if struggling to master the emotions 
of his own soul, ho began in tremulous tones, when suddenly some flash of 



Uiouj^lil i)l»'tMj!!l<^^d lliu lUuiUiiKu;, uiuJ ho is rt-liovcd by iiu oullmrMl of n.p- 
plau.su. The ocinisioii was grani!, tlio hcchc inspiring, uiul tin- Senator, 
wlu)S(« lint^ appearance and graeofnl figure, no loss llian his lirilliant. pnlilic 
ftcrvieos, justify the pride of his friends, proeeeded in a clear, ringing voice, 
and with deliberate and distinct utterance through a speech of three quart(n\s 
of an hour in length, scarcely a sentence of which was not applauded. Slionts 
of laughter and stifli'd sul)S aiul tears of his auditors followed in continuous 
HUCCoHHion. The face upon which there wove no smiles, no tears, was that 
of the Bpeaker. ]Ie seemed niovetl by a calm, nughty energy, us he depicted 
the fearful havoc and degradation of intemi)erance. 

i\ most beautiful and toucliing letter from his wife gave special interest 
to the speech, and profoundly moved the audience. As he closed he was 
presented with a basket of beautiful (lowers, and left the platform amid 
long-continued applause. 

The war upon this fearful evil promises to become fasliiona))le in Wash- 
ington, and Senator Wilson, of Massachusetts, president of tlie Congres- 
sional Tempcu-ance Society, labors steadily to bring men of all parties into 
his organization. In this gootl work ho is gratefully assisted by their wives 
and families. Another meeiing is to be held on Sunday evening ne\l, at 
the .same [>lace, when a similar scene may be anticipated. 



IMPEACHMENT OF THE PRESIDENT. 



OPINION 



ME. YATES, or ILLINOIS 

tN THE SENATE OF THE UNITED STATES. 



>0 

1 opi^ntio:!^ 



It is difficult to estimate the importance of this trial. Not in respect merely 

to the exalted position of the accused, not alone in the ftxct that it is a trial 

before the highest tribunal known among us, the American Senate, upon charges 

jyj preferred by the immediate representatives of the sovereignty of the nation 

V ^gainst the President of the United States, alleging the commission by him of 

< . high crimes and misdemeanors ; it is not alone in these respects that the trial 

rises m dignity and importance, but because it presents great and momentous 

issues, involving the powers, limitations and duties of the various departments 

ot the government, affecting the very form and structure of the government, and 

the mightiest interests of the people, now and in the future. 

It has been aptly termed the trial of the Constitution. Constructions of our 
Constitution and laws here given and precedents established by these proceed- 
ings will be quoted as standard authorities in all similar trials hereafter. We 
have here at issue, before this highest judicial tribunal, in the presence of the 
American people, and of the civilized world, whether our Constitution is to be a 
landmark to the citizen, a guide to the statesman, and authoritative over the 
magistrate, or whether this is a land of anarchy, crime and lawless usurpation 
It IS a trial which challenges the broadest comprehension of the statesman, the 
highest intellect and clearest discrimination of the jurist, and the deepest solici- 
tude of the patriot. Its issues are to be determined by clearly ascertaining the 
duties and powers of the co-ordinate branches of the government, all jealous of 
encroachments upon their functions, and all in danger if one shall usurp powers 
which by virtue of the Constitution and laws belongs to others. 

Although it seems to me that no man of honest judgment and true heart can 
have a possible doubt as to the guilt of the respondent in this cause, and although 
he has long since been indicted and found guilty in the judgment and conscience 
ot the AmL'rican people of a giant apostacy to his party— the party of American 
nationality and progress— and of a long series of atrocious wrongs and most 
daring and flagrant usurpations of power, and for three years has thrown hira- 
sdf across the path of the country to peace and a restored Union, and in all his 
official acts has stood forth without disguise, a bold, bad man, the aider and 
abettor of treason, and an enemy of his country ; though this is the unanimous 
verdict ot the loyal popular heart of the country, yet I shall strive to coufine 
myself, m the main, to a cousideration of the issues presented in the first three 
articles. Those issues are simply : whether in the removal of Edwin M. Stan- 
ton, Secretary of War, and the appointment of Lorenzo Thomas Secretary of 
War ad interim, on the 21st day of February, 1868, the President wilfully vio- 
ated the Constitution of the United States, and the law entitled " An act regu- 
lating the tenure of certain civil offices," iij. force March 2, 1867. 

Upon the subject of appointments to civil office the Con titution is very 
explicit. The proposition may be definitely stated that the President cannot, 
during the session of the Senate, appoint any person to office without the advice 
and consent of the Senate, except inferior officers, the appointment of whom 
may, by law, be vested in the President. The following is the plain letter and 
provision of the Constitution defining the President's power of appointment to 
office : ill 

He shall have power, by and with the advice and consent of the Senate, to make treaties 
provided two-thirds ot the senators present concur; and he shall nominate, and hy and with 
the advice ami consent of the Senate shall appoint, ambassadors, other public miriisters and 
consuls, judges of the bupreme Court, and all other officers of the United States, xchose 
appointments are not herein otherwise provided for, and which shall be established hy law ■ but 



the Congress may by law vest the appoiutmeat of such iuferior officers as they think 
proper iu the President alone, in the courts of law, or in the heads of departments. 

Is it not plain, veiy plain, from the first clause above set forth, that the 
appointment of a superior officer, such as a Secretary of War, or the head of 
any department cannot be made during the session of the Senate without its 
advice and consent? It is too clear for argument that the Constitution does not 
confer the prerogative of appointment of any officer upon the President alone 
during sessions of the Senate, and that he can only appoint %7iferior officers 
even, by virtue of laws passed by Congress, so that the appointment of a head 
of a department cannot be made without the concurrence of the Senate, unless 
it can be shown that such appointment is, in the words of the Constitution, 
" otherwise provided for;" and it is not pretended that any such other provision 
can be shown. 

The framers of the Constitution wisely imposed this check upon the Presi- 
dent to secure integrity, ability, and efficiency in public officers, and to prevent 
the appointment of men who, if appointed by the President alone, might be his 
mere instruments to minister to the purposes of his ambition. 

I maintain that Congress itself cannot pass a law authorizing the appoint- 
ment of any officer, excepting inferior officers, without the advice and consent 
of the Senate, it being in session atthetirae of such appointment. It is just as 
competent for Congress, under the clause which I have read, to invest the 
President with the power to make a treaty without the concurrence of two- 
thirds of the Senate, which is, as all agree, inadmissible. Any law authorizing 
the class of appointments just mentioned, without the Senate's concurrence, 
would be just as much a violation of the constitutional provision which I have 
read, as would a law providing that the President should not nominate the 
officer to the Senate at all. No appointment is complete without the two acts, 
nomination by the President, and confirmation by the Senate. 

I think my colleague, (Mr. Trumbull,) had not well considered wdien he made 
the statement in his argument, that " the Constitution makes no distinction between 
the power of the President to remove during the recess and the sessions of the 
Senate." 

The clause of the Constitution which I shall now quote shows very clearly 
that the power of the President to fill vacancies is limited to i'aca?i6v'ci' happen- 
ing during the recess of the Senate : 

The President shall have power to fill up all vacancies that may happen during the recess 
of the Senate, by granting commissions which shall expire at the end of their next session. 

His power to fill vacancies during the recess, without the advice and consent 
of the Senate at the time, proceeds from the necessity of the case, because the 
public service would suffer unless the vacancy is filled ; but even in this case 
the commission of the temporary incumbent is to expire at the end of the next 
session of the Senate, unless the Senate, during said next session, shall have 
consented to his appointment. The reason of this limitation upon the Presi- 
dent to the filling of vacancies happening during the recess, and why he can- 
not appoint during the session of the Senate without consent, is clearly because 
the Senate being in session may at the time of the nomination give its advice 
and consent. The provision that " the President shall have power to fill all 
vacancies during the recess of the Senate by granting commissions which shall 
expire at the end of the next session," excludes the conclusion that he may 
create vacancies, and fill them during the session and without the concurrence 
of the Senate. If this view is not correct, it would seem that the whole pro- 
vision of the Constitution on this point is meaningless and absurd. 

The conclusion of the whole matter is, that if the President issued an order 
for the removal of Mr. Stanton and the appointment of Thomas, without the 
advice and consent of the Senate, it being then in session, then he acted in pal- 
pable violation of the j)lain letter of the Constitution, and is chargeable with a 



bjgh misdemeanor in office. The joroductiou of his own order removing Stan- 
ton, and of his letter of authority to Thomas, commanding him to take posses- 
sion of the War Office, are all the jjroofs necessary to establish his guilt. And 
when it appears, as it does most conclusively in the evidence before us, that he 
not only did not have the concurrence of the Senate, but its absolute, iinqualified 
dissent, and that he was notified of that dissent by a certified copy of a resolu- 
tion to that effect, passed by the Senate, under all the forms of parliamentary 
deliberation, and that he still wilfully and defiantly persisted, and does still 
persist in the removal of Mr, Stanton, and to this day stubbornly retains 
Thomas as a member of his cabinet, then who shall say that he has not 
wickedly trampled the Constitution under his feet, and that he does not justly 
deserve the punishment due to his great offence ? 

That tlie facts stated are proved, and substantially admitted in the answer of 
the President to article first, will not be denied by the counsel for the respond- 
ent, nor by his apologists on the floor of the Senate. 

The next question to which I invite attention is whether the President has 
intentionally violated the Imv, and thereby committed a misdemeanor. Black- 
stone defines a misdemeanor thus : 

A crime or misdemeanor is an act committed or omitted in violation of a public law cither 
forbidding or commanding it. 

Misdemeanor in office, and misbehavior in office, or official misconduct, mean 
the same thing. Mr. Madison says in Elliott's Debates that : 

The wanton removal of meritorious officers would subject him (the President) to impeach- 
ment and removal from his own high trust. 

Chancellor Kent, than whom no man living or dead ever stood higher as an 
expounder of constitutional law, whose Commentaries are recognized in all 
courts as standard authority, and whose interpretations are themselves almost 
laws in our courts, says, in discussing the subject of impeachment : 

The Constitution has rendered him [the President] directly amenable by law for malad- 
ministration. The inviolability of any officer of the government is incompatible with the 
republican theory as well as Avith the principles of retributive justice. 

If the President will use the authority of his station to violate the Constitution or law of 
the land, the House of Representatives can arrest him in his career by resorting to the power 
of impeachment. (I Kent's Com., 289.) 

Story, of equal authority as a commentator on the Constitution, says : 

in examining the parliamentary history of impeachments, it will be found that many 
offences not easily definable by law, and many of u purely political character, have been 
deemed high crimes and misdemeanors worthy of this extraordinary remedy. 

Judge Curtis, one of the distinguisiied counsel for the respondent in this 
case, said in 1862 : 

The President is the counnander-iu-chief of the army and navy, not only by force of the Con 
stitution, but under and subject to the Constitution, and to every restriction therein contained. 
and to every law enacted by its authority, as completely and clearly as the private in the 
ranks. He is gcneral-in-chief ; hut am a general-in-cldef disobey ttny lair of his men country ^ 
When he can he superadds to his rights as commander the poicers uf a usurper, and that is mil- 
itary despotism j. * * * * the mere authority to command an army is not an authority to 
disobey the laics of his country. 

Besides, all the powers of the President are executive merely. He cannot malvc a law. 
He cannot repeal one. He can only execute the laws. He can neither make nor suspend 
uur alter them. He cannot even make an article of war. 

Section 3, article 1 of the Constitution says : 

The Senate shall have the sole power to try all impeachmetits. 

I was present on the 15th day of April, 1865, the day of the death of the 
lamented Lincoln, when you, Mr. President, administered to Andrew Johnson 
the oath of office as President of the United States. He then and there svvore 
that he would " preserve, protect, and defend the Constitution of the United 
States," and " take care that the laws should be faithfully executed." 

On the 2d day of March, 1867, Congress passed a law, over the veto of the 



President, entitled " An act to regulate the tenure of certain civil offices," the 
first section of wliicli is as follows : 

lie it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That every ])ev.son holding' uuy civil office to which he has been 
appointed by and with the advice and consent of the .Senate, and every person wlio nmy 
licreafter be, appointed to any snch otTRce and sliall I)ec()nie dnly qualilied to act therein, is 
and shall be entitled to bold such office until a successor shall have been in like nuuiuer 
appointed and duly qualified, except as herein otherwise provided : Provided, Tliat the Sec- 
retaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster 
General, and the Attorney General, shall hold their offices respectively for and during the 
term of the President oy whom they nuiy have been appointed, and for one month thereafter, 
subject to removal by and with the advice and consent of the Senate. 

This law is in entire harmony with the Constitution. " Every person appointed 
or to be appointed" to offii-e witli the advice and consent of the Senate, shall 
hold the office until a successor shall "in like fnamicr,'" that is, "l)y the advice 
and consent of tlie Senate" be appointed and qualified. This is obviously in 
ptirsuance of the Constitution. 

Now, if we construe this section independently of the proviso, we shall see 
that the removal of Mr. Stanton without the advice and consent of the Senate, 
and before his successor was appointed with th(> advice and consent of the Senate, 
was a misdemeanor, and was so declared and made punishable by the 6th section 
of the same act. And, again, if Mr. Stanton's case is excepted from the body 
of the act, and comes within the proviso, then his removal without the concur- 
rence of the Senate, was a violation of the law, because, by the terms of the 
proviso, he was only subject to removal by and with the advice and consent of 
the Senate. 

But my colleague (Mr. Trumbull) contends that Mr. Stanton was not included 
in the body of the section, because there is a proviso to it which excepts him 
and other heads of departments from "every other civil officer," and yet he 
argues that he is not in the proviso itself, which certainly is strange logic. Pie 
argues that his tenure of oiiice was given under the act of 17S9, and that by 
that act the J'resident had a right to remove him. If this be so, why did not 
the l^resident remove him under that act, and not suspend him under the tenurc;- 
of-office act, and why did my colleague act under the tenure-of-office law in 
restoring Mr. Stanton'^ 

It is claimed that Mr. Stanton is not included within the civil-tenure-of-office 
act, because he Avas not appointed by Mr. Johnson, in whose terra he was 
removed ; that he was appointed by Mr. Lincoln, and that Mr. Stanton's term 
expired one month after his (Mr. Lincoln's) death, and that Johnson is not serv- 
ing part of Mr, Lincoln's term. 

The true construction of the whole section, including tlie proviso, is that 
every person ap])ointed and to be a])p()inted, with the advice and consent of 
the Senate, is to hohl the office until his successor shall have been iu like manner 
appointed and qualiUed, ex'-vpt the heads of de))artments, who are to hold tlieir 
offices, not till their snccc^ssors are. appointed, but during the term of the Presi- 
dent by whom tiiey may have been ap[)ointed and for one month longer, and 
always " subject to removal by and with the advice and consent of the Senate." 

Now, the only object of the proviso was to confer upon the Secretaiy of War, 
and other heads of departments, a definite tenure of office, and a different term 
from that given in the body of the act. Can anything be plainer than that the 
case of Stanton is embraced iu the meaning of the section, and that he is enti- 
tled either to hold until his successor shall liave been appointed, by and with 
the advice and consent of the Senate, or during the term of the President, not 
"in which he was appointed," but "during the term of the President by tvhom 
lie was appointed ?" 

At the time of the passage of the act of March 2, 1867, Mr. Stanton was 
holding th(i office of Secretary of War for, and in the term of, Mr. Lincoln, by 
whom he had been appointed, which term had commenced on the 4th of March, 



1865, and will end March 4, 1869. The Constitution defines the President's 
term thus : " He shall hold his office during the term of four years." It further 
says that the term of the Vice-President shall be four years. In case of death or 
vacancy " the duties of his office shall devolve on the Vice-President^" When Mr. 
Lincoln died, Mr. Johnson's term was not a new one, but lie succeeded to Mr. Lin- 
coln's office and performs its duties for the remainder of Mr. Ijincoln's term. Mr. 
Stanton was appointed by Mr. Lincoln, and, according to the proviso, holds for 
the term of the President "by whom he was appointed, and one month there- 
after," and can be removed only by the appointment of a successor, with the 
advice and consent of the Senate, before the expiration of his term. 

If, as contended by the President, Mr. Stanton's term expired with the death of 
Lincoln, and Mr. Johnson did not reappoint or commission him, then from the 
death of Mr. Lincoln until the commencement of this trial there was no legal 
Secretary of War, and the President permitted Stanton to act without authority of 
law, to disburse millions of public money, and to perform all the various functions of 
Secretary of War without warrant of law, which would of itself be a misdemeanor. 
I believe it was the senator from Maine (Mr. Fossenden) who said " dead men 
have no terms." When that senator was elected for six years to the Senate, 
does it not remain his term though he should die or resign before its expiration, 
and would not his successor chosen to fill the vacancy serve simply for the remain- 
der of his term, and not a new term of his own for six years 1 I could consent 
to the construction of the senator from Maine if, instead of limiting the presi- 
dential term to four years, it had provided that his term should be four years 
or till the death of the President, in case of his decease before the expiration of 
the four years ; but it does not so provide. 

The meaning of the word "vice" in Vice-President is, " instead of" or "to 
stand in the place of; "one who stands in the place of another." Therefore, 
Mr. Johnson succeeded, not to his own, but to Mr. Lincoln's term, with all its 
conditions and incidents. Death does not terminate a man's term of office. If 
a tenant of a farm for a term of seven years dies at the end of his first year, 
the remainder of the lease vests in his legal representatives ; so the remainder 
of Mr. Lincoln's term at his death vested in his successor, Mr. Johnson. It 
follows that Mr. Stanton's term, ascertained by the act of March 2, 1867, does 
not expire till one month after the 4th of March, 1869, and that his removal, 
and the appointment of an officer in his place, without the advice and consent of 
the Senate, was a violation of the law. 

The second section provides that when the Senate is not in session, if the 
President shall deem the officer guilty of acts which require his removal or 
suspension, he may be suspended until the next meeting of the Senate ; and 
that within twenty days after the meeting of the Senate the reasons for such 
suspeilsion shall be reported to that body; and if the Senate shall deem such 
reasons sufficient for such suspension or removal, the officer shall be considered 
removed from his office; but if the Senate shall not deem the reasons sufficient 
for suspension or removal, the officer shall forthwith resume the functions of his 
office, and the person appointed in his place shall cease to discharge such duties. 

That is to say, when any officer, appointed in manner and form as provided 
in the first section — that is, by and with the advice and cnnsent of the Senate — 
is suspended, and the Senate does not concur in the suspension, such officer shall 
forthwith resume the functions of his office. Mr. Stanton having been appointed, 
by and with the advice and consent of the Senate, Avas suspended, but the 
Senate refused to concur in his suspension. According to the law, he was then 
entitled to resume the functions of his office, but the President does not permit 
him to do so, and refuses to have official relations with him, and has appointed 
and recognized as a member of his cabinet another Secretary of War. Is not 
this a pal[)able violation of the very letter of the law ? hy what technical 
quibble can any senator avoid the conviction of the culprit who thus defies a 
statute ? If it is admitted that the President can legally " remove" Mr. Stanton, 



8 

that proves too much, because the second section of the act in question declares 
that the President shall only " suspend" the officer, and in the case of suspen- 
sion and tliat only, and during recess, may an ad interim appointment be made. 
An ad interim appointment upon a removal is absolutely prohibited. As was 
well said by the senator from Oregon, (Mr. Williams :) 

Vacancies in office can only be filled in two ways under the tenure-of-office act. One is 
by temporary or ad interim appointment during the 7-cccss of the Senate; the other is by 
appointment, by and with the advice and consent of the Senate, durins the session. 

Let us see — the Senate being the sole tribunal to try impeachments, and to 
decide upon the validity and violation of this law — what action the Senate has 
already taken. 

On the 12th day of August, 1867, the Senate then not being in session, the 
President suspended Edwin M. Stanton, Secretary of the Department of War, 
and appointed U. S. Grant, General, Secretary of War ad interim. On the I2th 
day of December, 1867, the Senate being then in session, he reported, accord- 
ing to the requirements of the act, the causes of such suspension to the Senate, 
which duly took the same into consideration, and by an overwhelming vote of 
35 to 6 refused to concur in the suspension, wliich action, according to the ten- 
ure-of-office act, reinstated Mr, Stanton in office. The President, bent upon 
the removal of Stanton, in defiance of the Senate and of the law, on the 21st 
day of February, 1868, appointed one Lorenzo Thomas, by letter of authority 
or commission, Secretary of War ad interim, without the advice and consent of 
the Senate, although the same was then in session, and ordered him (the said 
Thomas) to take possession of the Department of War and the public property 
appertaining thereto, and to discharge the duties thereof, and notified the Sen- 
ate of his action. The Senate considered the communication, and, after debate, 
by a vote of 29 to 6, passed the following resolution : 

Eesolved by the Senate of the United States, That under the Constitution and laws of the 
United States the President has no power to remove the Secretary of War and to designate 
any other officer to perform the duties of that office ad interim. 

And now, after such action under our oaths, are we to stultify ourselves, and 
swallow our own words and resolutions passed in the most solemn manner 1 
Can we say that the President did not violate the law ? that he did not become 
liable to conviction for violating the provisions of the tenure-of-office act, after 
he has admitted, in his answer upon this trial, that he tried to rid himself 
of Stanton by complying with the act ; and after he has acknowledged that he 
was acting under the law of March 2, 1867, as shown by his letter to the Sec- 
retary of the Treasury, dated August 14, 1867, as follows: 

Sir : In compliance with the act entitled "An act to regulate the tenure of certain civil 
offices," you are hereby notified that, t)n the 12th instant, Hon. Edwin M. Stanton, Secre- 
tary of War, was suspended from his office as Secretary of War, and General Grant 
authorized and empowered to act as Secretary ad interim ? 

To show also how trifling is the plea of the President that the law did not 
apply to this case; after he had acted upon it, as above stated by himself, and 
after he had reported the reasons for suspension, within the 20 days as required 
by the act, there is the further and still more conclusive proof, that the forms of 
commissions and official bonds were altered to conform to the requirements of 
the same tenure-of-office act, and under his ow-n sign manual issued to his 
appointees commissioned since its passage. If it be admitted, then, that Mr. 
Stanton's case did not come within the provisions of the first section of the act, 
yet is the President clearly guilty under the second section. 

I shall now ask attention to the sixth section of the act, which is as follows : 

That every removal, appointment, or employment made, had, or exercised contrary to the 
provisions of this act, and the nialdug, signing, sealing, countersigning, or issuing of any 
commission or letter of authority for or in respect to any such appointment or employment, 
shall be deemed, and are hereby declared to be, high misdemeanors; and upon trial and 
conviction thereof every person guilty thereof shall be punished by a fine not exceeding 



$10,000 or by imprisonment not exceeding five years, or both said punishments, in the dis- 
cretion of the court. 

If this section stood aloue, who can deny that by his order to Thomas 
appointing him Secretary of War ad interim, and commanding him to turn Mr. 
Stanton out of office and take possession of the same, its books and papers, he 
did commit a misdemeanor, especially when, by the very terms of this section, 
the issuing of such an order is expressly declared to be a high misdemeanor, 
and punishable by fine and imprisonment ? 

The second article charges that the President violated this law by issuing to 
General Thomas a letter of authority as Secretary of War ad interim. How, 
then, can ray colleague use the following language : 

Considering that the facts charged against the President in the second article are in no 
respect contrary to any provision of the teuure-of-office act, they do not constitute a mis- 
demeanor, and are not forbidden by any statute. 

How can he justify such a statement, when he admits that the letter of 
authority was issued, and it is specifically declared in the act to be a misde- 
meanor ? 

Again, it is said that the prosecution is bound to prove criminal intent in the 
President. Such is not the law. The act itself proves the intent, if deliber- 
ately done by the party committing it. Such is the construction and the prac- 
tice in all courts. If any person voluntarily commits an unlawful act the 
criminal intent is presumed. The principle is as old as our civilization, recog- 
nized in all courts of our own and other countries, that any unlawful act, volun- 
tarily committed by a person of sound mind and mature age, necessarily implies 
that the person doing it intends all the consequences necessarily resulting 
therefrom. The burglar who breaks into your house in the night, with revolver 
in hand, may plead for the burglary, larceny, and even murder itself, the not 
unworthy motive, that his only purpose was to procure subsistence for his 
starving wife and little ones. Booth, the vilest of assassins, declared, while 
committing the bloodiest crime ia time's frightful calendar, that hu murdered a 
tyrant for the sake of humanity, and in the sacred name of patriotism. 

But it is not necessary to insist upon the technical rule that the criminal 
intent is to be presumed on proof of the act, for if there is one thing that is 
directly proved, that stands out in bold relief, that is plain as the >sun at noon- 
•day, it is, that the President wilfully, wickedly, and defiantly violated the law ; 
and that, after due notice and admonition, he wickedly and with criminal per- 
verseness persisted in violating the Constitution and the laws, and in bold usurpa- 
tions of power, unsettling the proper checks, limitations, and balances between 
the departments of the government ; with malice aforethought striving to eject 
from office a faithful servant of the people, whose only crime was liis loyalty, 
and substituting in his stead a man who was to be his willing instrument in 
thwarting the policy and legislation of the people's representatives, and in 
placing the government again in the hands of rebels, who with corrupt hearts 
and bloody hands struck at the nation's life. 

Edwin M. Stanton, Mr. Lincoln's fiithful minister and friend, whom the people 
learned to trust and lean upon in the dark hours of the republic, who wielded 
that mighty enginery by which our army of more than a million of men was 
raised, clothed, armed, and fed; who with the genius of a Napoleon compre- 
hended the vast field of our military operations and organized war and victory 
with matchless skill — a man of unstained honor, spotless integrity, unquestioned 
loyalty, having the confidence of all loyal hearts in the country — this was the 
man who incurred tlie bitter hatred of Johnson, because he opposed his usurpa- 
tions and his 'policy and acts in the interest of traitors, and because, like a 
faithful sentinel upon the watchtower of liberty, he gave the people warning 
against Johnson's schemes of mad ambition. 

In proof of the respondent's malicious intent to violate the law, I refer you 



10 

to his attompt to induce General Grant to aid bim in open, avowed violation of 
the law, as proved in his letter to Grant dated January 31, 1S6S. He therein 
declared his purpose to eject Stanton " whether sustained in the suspension or 
not''' and upbraided Grant because, as he alleges, Grant agreed, but failed to 
help him keep Stanton out by refusing to restore the office to Stanton, as by 
the second section of the act of March 2, 1867, he was required to do. He 
says: 

You had fouud in our first conference " tbat the President was desirous of keeping Mr. 
Stautou out of office, lohether sustained in the suspension or not." You knew what reasons 
had induced the President to ask from you a promise ; you also knew that in case your views 
of duty did not accord with his own convictions it was his purpose to fill your place by 
anotlier appointment. Even ignoring the existence of a positive understanding between us, 
these conclusions were plainly deducible from our various conversations. It is certain, 
however, that even under these circumstances you did not offer to return the place to my 
possession, but, according to your own statement, placed yourself in a position where, could • 
I have anticipated your action, I would have been compelled to ask of you, as I was com- 
pelled to ask of your predecessor in the War Department, a letter of resignation, or else to 
resort to the more disagreeable expedient of suspending you by a successor. 

That he intended to violate the law by preventing Mr. Stanton from resuming 
the functions of his office, as provided by law, should the Senate non-concur in 
his suspension, is clearly proved by his other letter to General Grant of Feb- 
ruary 10, 1868, from which I quote as follows : 

First of all, you here admit that from the very beginning of what you term "the whole 
history " of your connection with Mr. Stanton's suspension, you intended to circumvent the 
President. It was to carry out that intent that you accepted the appointment. This was in 
your mind at the time of your acceptance. It was not, then, in obedience to the order of 
your superior, as has heretofore been supposed, that you assumed the duties of the office. 
You knew it was the President's purpose to prevent Mr. Stanton from resuming the office of 
Secretary of War. 

If you want intent proved, how can you more clearly do it than to use his own 
words that it was his " purpose to do the act, and that Grant knew that was his 
purpose from the very beginning when Stanton Avas suspended 1" 

Is it necessary to dwell upon the subject of intent when in his own answer he 
confesses to having violated the law which expressly says that the officer, for 
good reasons only, should be suspended until the next session of the Senate, 
and coolly tells us that he "did not suspend the said Stanton from office until 
the next meeting of the Senate," as the law provided, " but by force and authority 
vested in him by the Constitution he suspended him indeJinAtely, and at the 
pleasure of the President, and that the order was made known to the Senate of 
the United States on the 12th day of December, 18G7." In other words, he 
says to the Senate with most complacent eftrontery : " Your law says I shall 
only suspend Stanton to the end of 20 days after the beginning of your next 
session. I have suspended him indefinitely, at the pleasure of the President, and 
I defy you to punish or hinder me." With all this, the respondent's counsel 
ask for pi-oof of criminal intent. He tells the law-making power of the sovereign 
people thiit he sets up his pleasure ;igainst the positive mandates of law. He 
tells the Senate, " I do not acknowledge your law, which you, by your votes 
on your oaths, adopted and declared constitutional. I think it unconstitutional, 
and so said in my veto message, and I will not execute the laws but I will exe- 
cute my veto ; the reasons of my veto shall be my guide. I understand the con- 
stitutionality of the law better than Congress, and although my message vetoing 
the bill was overruled by two-thirds of Congress, and though you have declared 
hy laAv that I can only suspend Stanton, 1 choose, of my own sovereign will, 
which is above law, to remove him indefinitely. Furthermore, your law says, 
that in case his suspension is not concurred in by the Senate, Mr. Stanton shall 
forthwith resume the functions of his office, and you have by resolution, a copy 
of which I confess to have received, refused to concur with me in suspending 
him. I shall not, however, suffer him to hold the office, and I have appointed 
Lorenzo Thomas Secretary of War, not with your advice and consent, but cou- 



11 

trary to the Bame." This is the offence of the President which, in the judg- 
ment of the President's apologists, is so "trifling" that we ought to pass it by 
in sileuee, or rather excuse, by approving it in our verdict. 

But what shall we say of the President's crime, when to the violation of law 
he adds falsehood and deception in the excuses he gives for its violation ? His 
plea that he violated the law because of its unconstitutionality, and his desire 
to refer it to the Supreme Court, is shown to be a mere subterfuge — an after- 
thought- — by the fact that, in August last, when he designated Grant to perform 
the duties of the War Office, he distinctly avowed that he was acting under the 
act of March 2, 1867; by the fact that he had caused the departments to so 
alter the forms of commissions and bonds aa to make them conform to this very 
statute ; by the fact that he reported reasons for the suspension, as required in 
the act, in an elaborate message to the Senate; and finally by the fact that no- 
where in said message does he intimate that he does not recognize the validity 
of the act, but argues distinctly that he proceeds tmder the same. He did not 
tell senators in that message that the act was unconstitutional and that he had 
suspended Stanton indefinitely. And I assert that every senator was led to 
believe that it was the purpose of the President to regard the act valid, and to 
abide the judgment of the Senate. It was not until the ghost of impeachment, 
the terrors of a broken oath, and removal from the high trust which he has 
abused, as a punishment for violated law, rose up to confront him, that he resorted 
to the technical subterfuges of his answer that the law was unconstitutional, and 
the specious plea that his purpose in resisting the law was to test its validity 
before the Supreme Court. 

In the whole history of these transactions, he has written as with a pen of 
steel in dark and imperishable lines his criminal intent to violate the law : 
First, he attempted to seduce General Grant to his purpose, but he indignantly 
refused ; then General G. H. Thomas ; then General Sherman ; then General 
Emory ; and finally he selected General Lorenzo Thomas, a man who was 
willing, as he testifies, "to obey the President's orders ;" and who in pursuance of 
those orders threatened to "kick Stanton out;" and "if the doors of the War 
Office were barred against him," he would "break ihem down by force;" and 
who says on his oath that he Avould have executed his threats on the following 
day but for his arrest, after his return from the masquerade ball. 

And now, as senators, we are exhorted to find him guiltless in violating a law 
which we have often declared constitutional and valid, upon the subterfuge, the 
afterthought of the criminal, the excuse of a lawbreaker caught in the act, the 
plea born of fear and the terrors of impeachment, and shown by the record 
made by his own hands to be utterly false. For one I cannot be so false to 
convictions, so regardless of fact, so indifferent to consistency, so blind to evi- 
dence, so lenient to crime, so reckless of my oath and of my country's peace. 

Ours is a land of law. The principle of submission to the authority of law 
is canonizi'd in the hearts of the American people as a sacred thing. There are 
none too high to be above its penalties, none too low to be beyond its protec- 
tion. It is a shield to the weak, a restraint to the strong, and is the foundation 
of civil order and peace. When the day comes that the laws may be violated 
with impunity by either high or low, all is lost. A pall of darkness will shut 
us in with anarchy, violence, and blood as our portion, and I fear the sun of 
peace and liberty will never more illumine our nation's path. The nation looks 
for a most careful observance of the law by the highest officer known to the 
law, because he has an " oath registered in heaven" that he "will take care that 
the laws shall be faithfully executed." If the President of the United States, 
who should be the high exemplar to all the people, shall violate his oath with 
impunity, at his mere pleasure dispense with, or disregard, or violate the law, 
why may not all do the same? Why not at once sweep away the Constitution 
and laws, and level to the earth our temples of liberty and justice ; resolve 



12 

Society into its original elements, where brute force, not right, shall rule, and 
chaos, anarchy, and lawless violence dominate the land 1 

The Coustitution and the laws passed in pursuance thereof are " the supreme 
law of the laud " The President admits in his auswer, aud in his defence, that 
he acted in violation of the provisions of a statute, and his strange and start- 
ling defence is, that he may suspend the operation of a law ; that is to say, 
in plain terms, violate it at his pleasure, if, in kis opinion, the law is unconstitu- 
tional ; " that being unconstitutional it is void, and that penalties do not attach 
to its violaiion." 

Mr. President, I utterly deny that the President has any such right. His 
duties are ministerial, and in no sense judicial. It is not his prerogative to exer- 
cise judicial powers. He must execute the laws, even though the legislature 
may pass acts which, in his opinion, are unconstitutional. His duty is to study 
the law, not with the purpose to set it aside, but that he may obey its injunc- 
tions strictly. Can a sheriff", sworn to execute the laws, refuse to hang a con- 
victed murderer, because, in his judgment, the law under whicli the criminal 
has been tried is unconstitutional 1 He has no remedy but to execute the law 
in manner and form as prescribed, or resign to a successor who will do so. 

I quote from the Constitution to show how laws become such, aud that when 
certain prescribed forms are complied with the requirements of a law must be 
observed by all as long as it remains on the statute-book unrepealed by the 
Congress which made it, or is declared of no validity by the Supreme Court, it 
of course having jurisdiction upon a case stated: 

Every bill which shall have passed the House of Eepresentatives and the Senate shall, 
before it becomes a law, be presented to the President of the United States ; if he approve, he 
shall sign it, but if not, he shall return it with liis objections to that house in which it shall 
have originated, who shall enter the objections at large on their journal and proceed to recon- 
sider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, 
it shall be tient, together with the objections, to the other house, by which it shall likewise 
be reconsidered, and if approved by two-thirds of that house it shall become a law. * * 

If any bill shall not be returned by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be a law in like manner as if he had 
signed it, unless the Congress by their adjournment prevent its return, in which case it shall 
not be a law. 

Every bill which has passed the House of Representatives and the Senate, 
and been approved by the President, " shall become a law." If not approved 
by him, and it is again passed by two-thirds of each house, " it shall become a 
law ; " and if he retains it more than ten days, whether he approve or disap- 
prove, it shall still " hecomc a law" No matter how pertinent may be his 
objections in his veto message; no matter with how much learning or law he 
may clothe his argument; no matter how vividly he may portray the evil which 
may result from its execution, or how flagrantly it may, in his view, conflict 
with the Constitution, yet if it is passed over his veto by two-thirds of the Sen- 
ate and House of Representatives, his power ceases and his duties are at an end, 
aud it becomes a law, and he is bound by his oath to execute it and leave the 
responsibility where it belongs, with the law-makers, who must answer to the 
people. If he then refuses to execute it, what is this but simple resistance, sedi- 
tion, usurpation, aud, if persisted in, revolution ? Is it in his discretion to say 
it is not a law when the Constitution says, in the plain English -vernacular, it is 
a law] Yes, Mr. President, it is a law to him aiid to all the people, to be obeyed 
and enforced throughout all the land. 

It is a plain provision of the Constitution " that all legislative power granted 
by this Constitution shall be vested in a Congress, which shall consist of a 
Senate and House of Representatives." The President is no part of this legis- 
lative power. His veto message is merely suggestive, and if his reasons are 
deemed insiiflicient he is overruled, and the bill becomes a law "in like manner" 
as if he had approved it. The doctrine contended for by the President is mon- 
strous, and if admitted is the end of all free government. It presents the question 



13 

wlietlier the people of the United States are to make then- own laws through 
their representatives in Congress, or whether all the powers of the government, 
executive, legislative, and judicial, are to be lodged in a single hand 1 He has 
the executive power, and is Commander-in-chief of the army and the navy. 
Now, if it is his province to judicially interpret and decide for himself what laws 
are constitutional and of binding validity upon him, then he has the judicial 
power, and there is no use for a Supreme Court; and, if having decided a la^v, 
in his opinion, to be unconstitutional, he may of his own will and sovereign 
pleasure set aside, dispense with, repeal, and violate a law which has passed 
over his veto, then he has the legislative power, and Congress is a myth, worse 
than " an excrescence hanging on the verge of the government." Thus the 
purse and the sword, and all the powers which we heretofore considered so nicely 
balanced between the various departments of the government, are transferred to 
a single person, and the government is as essentially a monarchy or a despotism 
as it would be if the Constitution and Congress were obliterated and the whole ■ 
power lodged in the hands of the President. When such questions as these are 
involved shall we wonder that the pulse of the popular heart of this nation 
beats, and heaves with terrible anxiety as we near the final judgment on this 
great trial, in which the life of the nation hangs trembling in the scale, as much 
so as when it was struggling for existence in the perilous hours of the war 
through which it has recently passed. Am I, as a senator and one of this high 
court of impeachment, called upon to register, not that the Constitution and 
the laws shall be the supreme law, but that the will of one man shall be the 
law of the land? 

Let us look at another point in the defence. The President says he violated 
the law in removing Stanton for the purpose of making a case before the Supreme 
Court, and thus procuring a decision upon the constitutionality of the law. 
That is, he broke the law in order to bring the judiciary to his aid in resisting 
the will of the people. I would here commend to his careful attention the opin- 
ion of Attorney General Black, his whilom constitutional adviser. He says, 
in 1860: 

But liis (the Presideut's) power is to be used only in the manner prescribed by the legis- 
lative department. He cannot accomplish a legal purpose by illegal means, or break the 
laws himself to prevent them from being violated by others. (9 O}). Att'ys Gen., 516.) 

It is to be regretted that considerations of great gravity prevented the Presi- 
dent from appearing here by counsel thus committed to a view of the extent of 
executive authority at once so just and so acceptable to the candid patriot. 

Inasmuch as it has already been shown that good intentions do not justify the 
violation of known law, lam unable to see the propriety of stopping the wheels 
of government and holding in abeyance the rights of many individuals, and paralyz- 
ing the usefulness of our army, until the President sees fit to proceed through all 
the formalities and tedious delays of the Supreme Court, or any other court. If the 
President can do this, why may not any and all parties refuse compliance with 
the requirements of inconvenient laws upon the same plea ? To oppose such a 
view with argument, is to dignify an absurdity. 

One other point of the defence I wish to notice before closing. It is argued 
at length, that an offence charged befoi'e a court of impeachment must be an 
indictable one, or else the respondent must have a verdict of acquittal. Then 
why provide for impeachment at all 1 Why did not the Constitution leave the 
whole matter to a grand jury au,d the criminal courts 1 Nothing can be added 
to the arguments and citations of precedents by the honorable managers on this 
point, and those most learned in the law cannot strengthen that view which is 
obvious to the most cursory student of the Constitution, viz: that impeachment 
is a form of trial provided for cases which may lac/c as well as those which do con- 
tain the features of indictable crime. Corresponding to the equity side of a civil 
court, it provides for the trial and punishment, not only of indictable offences, but of 
those not technically described in rules of criminal procedure. The absurdity of 



14 

the respondent's plea is the more manifest in this case, because, not the Supreme 
Coiirt, but the Senate of the United States is the only tribunal to try impeach- 
ments, and the President's vision should rather have been directed to what the 
Senate, sitting- as a court of impeachment, would decide, than to have been 
anticipating!; what some future decision of a court having no jurisdiction in the 
case might be. 

Impeachable misdemeanors partake of the nature of both political and criminal 
offences. Hence the Constitution has wisely conferred upon the people, through 
their representatives in Congress, the right and duty to become the prosecutors of 
great offenders for violations of laws, and crimes tending to the destruction of 
social order, and the overthrow of government, and has devolved the trial of 
such cases upon the Senate, composed of men supposed to be competent judges 
of law and facts, and who are allowed larger latitude of rnliiifrs than pertains 
to courts. With this view I have tried to weigh impartially the testimony 
in this case. I would not wrong the respondent, nor do I wish harm to come 
to the institutions of this land by his usurpations. I also desire to be con- 
sistent with myself so far as I may justly do so. I voted, not in haste, but 
deliberately, that the action of the President in removing or attempting to 
remove Stanton, was unconstitutional and in violation of law. 

Is it possible that there is some newly discovered "■quirk'' in the law, not mider- 
stood on the 24th February last, Avhich renders Johnson's act less criminal than it 
then appeared? Did not senators believe the act of IMarch 2, 1867. constitutional 
when they voted for it 1 After the President had arrayed all conceivable 
objections against it in his veto, did not two-thirds of this and of the other 
house still vote it constitutional and a valid law ? Did they not by solemn 
resolution declare that the President had violated it and the Constitution in 
removing Stanton and appointing Thomas 1 How can we say, while under 
oath we try this man, that he is itnioceut ? Is it not trifling with the country, 
a mockery of justice, an insult to the representatives of the people, and a 
melancholy instance of self-stultitication, for us to solemnly declare the Presi- 
dent a violator of law, thus inviting and making it the duty of the House of 
Representatives to prosecute him here, and after long investigation, at large 
expense of the people's money, with both confession of the criminal, and large 
and conclusive proofs of the crime — all this and more — for us to declare him 
not guilty ? 

The position in which senators are placed by the votes which tliey have here- 
tofore given is so well stated in an editorial of a leading newspaper of my own 
State, the Chicago Tribune of May 7, 1S6S, tliat I extract from it as follows : 

Jolmsou tlisrogardeil the coustitutiou and the law, and broke tlicm both by api)oiuting 
a Secretary of War without the consent of the Senate wlien no vacancy existed. 

No man can tell how black-letter lawyers may bo inllueuced by hair-splitting niceties, 
legal quirks, and musty precedents. 

Kow, to acquit Andrew Johnson is to impeach the Senate, to insult and degrade the 
House and to betray the people. If Johnson is not guilty of violating the law and the con- 
stitution, the Senate is guilty of sustaining Stanton in detiance of the constitution ; is guilty 
of iielping to pass an nnconstitutioual law ; is guilty of interfering with the executive pre- 
rogatives. Every senator who voted for the to'uure-of-oifice bill, who voted tlnxt Johnson's 
removal of Stanton was in violation of that law, who voted to order tlie President to replace 
Stanton, and who now votes for the acquittal of Johnson, stultities and condemns himself as 
to his previous acts, and the whole country will so understand it. 

The Senate knew all the facts before the House impeached ; the Senate's action made 
mpeachmcnt obligatory on the part of the House, and on the heads of the senators rest, the 
responsibility of defeating a verdict of guilty against a criminal who stands self-confessed as 
guilty of breaking the law and disregarding the Constitution. No matter what personal 
antipathy senators may feel (or the man who will become Johnson's successor, no matter 
about the i)lots and schemes of the high-tariff lobby, the Senate has a solemn duty toper- 
form, and that is to punish a wilful and malicious viohuion of the law. If the President, in 
disregard of his oath, may trample on the law, who is bound to obey it ? If the President is 
not amouable to the law, be is an emperor, a despot ; then what becomes of oiu boasted gov- 
ernment by law, of our lauded free institutions .' 



15 

My colleague ia certainly in error whea he says : 

It is known, however, that the resolution couplod the two thinjys, the removiil of the 
Secretary ol' War and the designation of an ofificer ad interim, together, so that those who 
believed either without authority were compelled to vote for the resolutinu. 

Just the reverse of that is the true doctrine. If a senator believed one branch 
of the proposition to be true, and the others false, he was bound by his oath to 
vote against the resolution. 

Where two allegations are made, one of which is true and the other false, 
there is no obligation to affirm both. 

Mr. President, 1 ought, in justice to those Avho may vote for acquittal, to say 
that I do not judge them. Nor do I think it a crime to vote in a minority of 
one against the world. When I have taken an oath to decide a case according 
to the law and the testimony, I would patiently listen to my constituents, and 
be ■vrilling, perhaps anxious to be convinced by them, yet no popular clamor, 
no fear of punishment or hope of reward, should seduce me from deciding accord- 
ing to the conviction of my conscience and my judgment ; therefore 1 judge no 
one. Our wisest and most trusted men have been often in a minority. I speak 
for myself, however, when I say it is very hard for me to see, after what seems 
to me such plain proof of wilfitl and wicked violation of law, how any senator 
can go back upon himself and his record, and upon the House of Representatives 
and the country, and set loose the greatest offender of modern times, to repeat 
at pleasure his acts of usurpation, and to plead the license and warrant of this 
great tribunal for his high crimes and misdemeanors. 

In the eleventh article, among other things, it is charged that the President did 
attempt to prevent the execution of the act of March 2, 1867, providing for the 
more efficient government of the rebel States. It is plain to me from his veto 
messages, his proclamations, his appointments of rebels to office, his indiscrimi- 
nate use of the pardoning power, his removal of our most faithful military officers 
from their posts, that he has been the great obstacle to the reconstruction of the 
Union. 

With his support of Congress in its measures every State would long since 
have resumed its friendly and harmonious relations to the government, and our 
40,000,000 of people would have rejoiced again in a restored and happy Union. 
It is his perverse resistance to almost every measure devised by Congress which 
retarded the work of reconstruction, reanimated the hopes and reinflamed the 
virus of rebellion in the southern States. The Freedmen's Bureau bill, the civil- 
rights bill, and the various reconstruction bills were remorselessly vetoed by him 
and every obstacle thrown in the way of their proper and efficient execution. 
His unvarying purpose seems to have been to save the rebel oligarchy from 
the consequences which our victory pronounced upon it, and to enable it to 
accomplish by his policy, and abuse of liis power, what could not be accomplished 
by the power of the sword. The rebellion lives in liis vetoes and acts. If some 
daring usurper, backed by a powerful faction, and the army and navy subject 
to his call, should proclaim himself king or dictator, would not the blood leap in 
the heart of every true American 1 and yet how little less than this is the condi- 
tion of our public affiiirs, and who has not seen on the part of Andrew Johnson 
a deliberate purpose to override the sovereign power of the nation, and to usurp 
dangerous, dictatorial and kingly powers ? And what true patriot has not felt 
that in such conflicts of power there is eminent peril to the life of the republic, 
and that if some check by impeachment or otherwise be not put upon these 
presidential usurpations, the fruits of the war will be lost, the rebellion triumph,, 
and the last hope of a permanent reunion of tlie States be extinguished forever? 

For reasons such as these, and for proof of which there is much of evidence in 
the documents and records of this trial, but more especially for the violation of the 
Constitution and of positive law, I cannot consent that with my vote the Presi- 
dent shall longer work his treacherous and despotic will unchecked upon my 
suffering countrymen. 



Mr. President, tliis is a tremendous hour for the republic. Gigantic interests 
and destinies concentrate in the work and duties of the eventful moments through 
which we are passing. 

I would do justice, and justice requires conviction ; justice to the people whom 
he has so cruelly wronged. I would be merciful, merciful to the millions 
whose rights he treacherously assails by his contempt for law. 1 would have^ 
peace : therefore I vote to remove from office this most pestilent disturber of 
public peace. I would have prosperity among the people, and confidence 
restored to capital; therefore! vote to punish him whose turbulence makes capital 
timid and paralyzes our national industries. I would have economy in the 
administration of public affairs ; therefore I vote to depose the promoter and cause 
of unheard of official extravagance. I would have honesty in the collection of 
the public revenues ; therefore I vote to remove this patron of the corruptionists. 
I would have my government respected abroad ; therefore I vote to punish nim 
who subjects us to dishonor by treating law with contempt. I would inspire 
respect for law in the youth of the land; I therefore vote to impose its penalties 
upon the most exalted criminal. I would secure and perpetuate liberty, and I 
therefore vote to purge the citadel of liberty of him who, through murder, suc- 
ceeded to the chief command, and seeks to betray us to the enemy. 

I fervently pray that this nation may avoid a repetition of that history, in 
which apostates and usurpers have desolated nations and enslaved mankind. 
Let our announcement this day to the President, and all future Presidents, 
and all conspirators against the liberties of this country, be what is already 
the edict of the loyal millions of our land, "You shall not tear this temple of 
liberty down." Let our warning go down the ages that every usurper and 
bold violator of law who thrusts himself in the path of this republic to honor 
and renown, whoever he may be, however high his title or proud his name, that, 
Ainold-like, he shall be gibbeted upon every hilltop throughout the land as a 
monument of his crime and punishment, and of the shame and grief of his country. 
We are not alone in trying this cause. Out on the Pacific shore a deep 
murmur is heard from thousands of patriot voices ; it swells oyer the western 
plain, peopled by millions more ; with every increasing valume it advances ; on 
by the lakes and through the busy marts of the great north, and re-echoed by 
other millions on the Atlantic strand, it thunders "upon us a mighty nation's 
verdict, guilty. While from out the smoke and gloom of the desolated south, 
from the rice fields, and along the great rivers, from hundreds of thousands of 
persecuted and basely betrayed Unionists, comes also the solemn judgment, 
guilty. 

The criminal cited before this bar by the people's representatives is, by his 
answer and the record, guilty. 

Appealing for the correctness of my verdict to the Searcher of all hearts, 
and to the ("nlightened judgment of all who love justice, and in accord with this 
"cloud of Avitnesses," I vote, guilty. 

Standing here in my place in this mighty temple of the nation, arid as a 
senator of the Great Republic, with all history of men and nations behind me, 
and all progress and human happiness before me, I folter not, on this occasion, 
in duty to my country and to my State. 

In this tremendous hour of the republic, trembling for life and being, it is no 
time for me to shrink from duty, after having so long earnestly supported those 
principles of government and public policy which, like Divine ordinances, protect 
and guide the race of man up the pathway of history and progress. As a juror, 
sitting on this great cause of my country, [ wish it to go to history and to stand 
upon the imperishable records of the republic, that in the fear of God, but 
fearless of man, I voted for the conviction of Andrew Johnson, President of the 
United States, for the commission of high crimes and misdemeanors. 

O 



REPRESENTATION IN CONGRESS. 



SPEECH 



OF 



■^ 



OE ILLINOIS, 



DELIVEEED 



IN THE SENATE OF THE UNITED STATES, 



JUNE 11, 1868. 



WASHINGTON: 
R & J. RIVES & GEO. A. BAILEY, 

REPORTERS AND PKINTEIIS OF THE DEUATES OF CONGRESS. 

18G8. 



REPRESENTATION IN CONGRESS. 



The Senate having under consideration the motion 
to reconsider the vote on the passage of the bill (II. R. 
No. 1058) to admit the States of North Carolina, South 
Carolina. Louisiana, Georgia, Alabama, and Florida, 
to rcfirescutation in Congress — 

Mr. YATES said : 

ISIr. PiiESiDEXT : The war through which 
the country has passed and its incidents have 
waked up a new spirit of inquiry into the 
powers of the Constitution, the relative powers 
of the General Government and of the States, 
of the President and of Congress. It seems 
that the doctrine of State rights or State sov- 
ereignty, which was undoubtedly the father 
of secession and the cause of the war, and 
which, upon the construction given to it by 
the Democratic party, is certainly the gateway 
to the dissolution of the Union, is now re- 
vived, and Senators even on this side of the 
Senate seera to give color to the dangerous 
pretension that it is settled that the States are 
sovereign in the power to limit the right of 
suffrage to as many or as few of the people as 
in their discretion they may deem proper. 

Mr. President, I declare myself opposed to 
that sort of logic which opposes every measure 
of reform upon the ground that " the question 
is settled." Moreover, I am not in favor 
of applying the precedents of slavery to the 
altered state of things brought about in this 
country by emancipation. In advocating the 
cause of human rights I do not like to have a 
merely legal plea interposed, a special demur- 
rer, a musty ))recedent brought up to prevent 
the saving action of Congress for a wholesome 
and permanent reconstruction of the Union. 

Sir, I do not decry precedents. I belong to 
the profession of the law, and I am proud to 
be a memberof that profession. I know, how- 
ever, that precedents are as useful sometimes 
to show the errors of the past, as they are as 
examples for our imitation. 

Slavery was once the rule and freedom the 
excejition, and whatever else might be dis- 
turbed, slavery was sacred. All constitutions, 
laws, and usages were to bow submissively 
before the Moloch of slavery. Even the good 



Lincoln — who was a radical anti-slavery man, 
and who said if anything was wrong slavery was 
wrong — said it was no part of the war to interfere 
with slavery, and up to the beginning, and 
during the war, statesmen denounced it apolo- 
getically. Even Congress raised a rampart for^ 
its protection by an apologetic resolution that 
it could not be interfered with, and that it was 
no part or purpose of the war to put it down. 
Behind the parapets of judicial decisions, and 
clothed with the imperial panoply of law and 
precedent, it stood impregnably and defiantly 
secure. The cry from all the hustings was "the 
question is settled." 

But, ilr. President, it perished with the 
rebellion. Brightest among the trophies of the 
war is slavery destroyed and the supremacy of 
the slave power annihilated. In America, all, 
thank God, are free. 

And yet, sir, when the proposition is intro- 
duced here to append a fundamental condition 
to the admission of a State, and that funda- 
mental condition is to be in aid of human rights, 
we are told that that is an old question, and has 
long been settled. 

We now have a new rule. Freedom is now 
the rule, and slavery the exception. It is now 
settled that all constitutions, laws, usages, and 
precedents, andallconstructionsagainst human 
liberty, are but cobwebs, to be swept away, in 
the march of events, with the institution of 
slavery in aid of which they were set up and 
established. Whatever may be the precedents 
or the rule of construction heretofore, it is now 
settled that all future constructions are to be 
given in favor of liberty and the extension of 
the rights of all men. 

How long will it take statesmen to learn that 
nothing is to be considered as settled which is 
not settled upon the principles of right, truth, 
justice, and liberty? 

The Senator from Pennsylvania [Mr. Buck- 
ALEw] says that, as "this question has been 
settled from the foundation of the Government 
to the present time, surely no man can be hardy 
enough to question it." My colleague [.Mr. 
Trumbull] says that all sucii conditions are 
inoperative and void. 



Mr. President, when the other day I referred 
to some illustrations showing the applicability 
of the ordinance of 1787, and of the Missouri 
compromise of 1820, the Senator from New 
York [Mr. Coxkling] said I was exceedingly 
unlucky in introducing those precedents. Sir, 
the bad luck is on his side. The bad luck is 
on the side of any man who now, in the altered 
state of things in this day of emancipation, 
casts his vote against a fundamental condition 
by which the rights of every American citizen 
are recognized and secured. Suppose that 
condition was inoperative, as the Senator from 
Nevada [Mr. Stewart] very justly asked, 
" what harm could there be in it?" Would 
it weaken the Constitution to require the peo- 
ple, through their Legislature, to give their 
assent to such a condition? Such consent 
would be in the nature of a compact, and the 
idea of good faith would enter into it, to last 
during all the generations of the people of the 
State. The word of a great State must be 
kept. With a bad grace could the State ever 
attempt to alter this great fundamental coruer- 
* stone of the institutions of the State. 

Mr. President, upon the subject of the power 
to impose these conditions the argument of the 
Senator from Vermont [Mr. Edmunds] has not 
been answered, and cannot be answered. The 
precedents which he offered are to the point, 
and they sustain the power of Congress over 
the subject. I shall be able to show, during this 
argument, that every Senator who has voted for 
imposing this condition upon Nebraska and 
upon Alabama has positively committed him- 
self to the power of Congress over the question 
of suffrage in all the States. Senators may as 
well consider this. They are committed to the 
prlncijile ; their mouths are closed ; they can- 
not explain away this committal; no technical 
quibbles will avail them. You cannot say by 
your votes that the State shall never have power 
to change its constitution in regard to suffrage, 
and yet say that Congress has not the power 
over the question of suffrage in the States. 
Every Senator upon this floor who has com- 
mitted himself by his vote in favor of imposing 
a condition preventing the States from changing 
their constitution so as to exclude a large por- 
tion of the people from suffrage has asserted 
the power of Congress, the unlimited power 
of Congress, over the subject of suffrage in the 
States. And it will not do at all for Senators, 
when they, by their votes, have appended to 
the Nebraska and Colorado bills a fundamental 
condition prohibiting those States from disfran- 
chising their citizens, to say now that it has been 
settled that Congress has no power over the ques- 
tion of suffrage. 

But, sir, I referred to the ordinance of 1787, 
not simply because Congress had the power 
to pass that ordinance, but to show the salu- 
tary effects of fundamental conditions, such 
as the bill before us proposes, on the future 
of a Stale. What I asserted was, that the 
ordinance of 1787 did keep slavery out of the 



Northwestern Territory. Those five States, 
which were carved out of the Northwestern 
Territory, would have been slave States, inevit- 
ably slave States, but for the effect of the 
ordinance of 1787. The slave emigration 
which went to Missouri would, at least one half 
of it, have gone to Illinois and the other west- 
ern States ; and instead of this ordinance being j 
inoperative, as contended by the Senator 
from New York, it was regarded as having .: 
almost the sanction of a constitutional provision. 
All petitions to Congress to suspend the opera- 
tions of the ordinance, even temporarily, 
failed. It is a historical fact that slave-owners s 
who emigrated to Illinois in many instances t 
hired out their slaves in Missouri, fearing that 
if taken to Illinois, they would become free by j 
operation of the ordinance. So troublesome 
did the slaves hired out in Missouri, by resi- 
dents of Illinois, become, that the Legislature 
of Missouri, not being able to reach the owners, , 
passed a law, making the resident agents of the 
owners responsible for the mischiefs they com- 
mitted. 

When the people of Illinois came to adopt 
their constitution, they declared in the preamble, 
that it was made consistent with the ordinance 
of 1787, and provided in the constitution 
against the future existence of slavery in the 
State. All efforts to amend the constitution 
so as to admit slavery, failed. All that has 
been said to the contrary notwithstanding, I 
say, that the people held in high estimation 
this condition prohibiting slavery. As they > 
regarded the title to their homesteads; as they* 
regarded the Declaration of Independence ; as . 
they regarded their right to worship God ; 
so they regarded that ordinance, which made i 
their prairies the home of freemen, and which I 
dedicated the Northwestern Territory to free- ' 
dom and free institutions. 

And sir, what has been the effect? Under 
that ordinance those five Territories became > 
free States, and the power of this continent is : 
there ; they are running their race to glory, and ( 
inspired by the energizing power of free labor 
and free institutions they have taken their posi- 1 
tion, and already of themselves, constitute an i 
empire. 

When I referred to the Missouri compro- 1 
raise, I did it to show that that compromise had i 
the effect to keep slavery out of the territory ; 
north of the parallel of 30° 30^ north latitude. : 
Will any Senator deny that, in the absence of i 
that ordinance, slavery would have entered ( 
into those Territories, under the State-rights 
doctrine that slave property could go, under 
the constitution and the laws, into any State or 
Territory of the United States ? That compro- 
mise you may now call a foolish thing ; but 
the Senator from Maryland [Mr. Johnson] 
will remember that Mr. Clay said of it, the 
bells rang, the cannons were fired, and every 
demonstration of joy was made throughout the 
Republic, on account of the passage of the 
Missouri compromise. You remember Mr. 



Douglas said, though afterward he attempted 
to break it down : " That it was a compromise 
akin to the Constitution ; that it had its origin in 
the hearts of patriotic men of all sections of the 
country, and was canonized in the hearts of 
the American people as a sacred thing, which 
no ruthless hand would ever dare lo disturb." 
This was the effect of that compromise. Sla- 
very could not enter that Territory. This com- 
promise stood as a wall against slave immigra- 
tion, and protected those Territories from the 
bligiiting curse of human bondage. 

It is said by the gentlemen who contend that 
these fundamental conditions are null and void, 
that the condition which was imposed on Mis- 
souri hi 1821 was all right enough. It seems 
tliat in the adoption of her constitution, one 
clause excluded the immigration of free ne- 
groes into the State. Congress put a condition 
in the act of admission which provided, that 
nothing in that clause should be so construed 
as to interfere with, or deprive citizens of the 
United States of their rights. This it is admit- 
ted was a good condition, and why? Because 
it prevented the State of Missouri ever after- 
ward from violating the Constitution of the 
United States, by the exclusion of citizens of 
the United States from entering that State. 
Now, sir, OUT argument is this : that this con- 
dition, which we offer to impose upon the 
States which are to be restored to their full 
relations in this Union, is to prevent the State 
from violating the Constitution of the United 
States, in that most important and vital of all 
Ijoints, the depriving a whole race of their 
right of suffrage, and other rights under the 
Constitution. 

The doctrine for which I contend is, that 
Congress has the right and the power to 
enlorce bylaws " necessary and proper," in 
the language of the Constitution, a republican 
gdvei-nment in every State of the United States, 
whether that State is to be received into the 
Union, or is already in the Union. The power 
to establish republican governments devolves 
upon Congress in the last resort. In the first 
instance, it may be committed to the States ; 
but Congress has the revisory power. Con- 
gress, under the Constitution, is required to 
guaranty to every State in the Union a repub- 
lican form of government. Then the conclud- 
ing clause of the eighth section of the first 
article of the Constitution declares, that Con- 
gie.ss shall have authority to carry into effect 
all the enumerated powers of the Constitution, 
by passing laws necessary and proper lor that 
jiurpose, and also shall have power to pass 
all laws necessary and proper to carry into 
efiuct any power vested in the Government of 
the United States, or in any department or 
oificer thereof. The power is vested in, and 
the duty imposed upon, Congress of guaranty- 
ing to each State, a republican Ibrm of govern- 
ment, and Congress is authorized, and, in fact, 
required, by necessary and proper laws, to 
curry into execution that guarantee. 



This doctrine is not at all startling when 
Senators look at the ground whereon ihey 
sta,nd, and see how they have already commit- 
ted themselves, and consider what immeas- 
urable benefits will flow to the people of this 
country, by settling the question of slavery and 
all its incidents by taking the question of suf- 
Irage out of the arena of American politics, 
by settling it upon principles just and fair to 
every section of the Union, by placing each 
State upon an equal footing with every other 
State, and each citizen of the United States 
upon an equal footing with every other citizen 
of the United States. Sir, when this doctrine 
can be sustained upon such clear demonstra- 
tion, it ought not to startle Senators. 

Mr. President, it has been said sarcastically, 
that upon this question, the Senator from 
Massachusetts [Mr. Sumner] is radical. It is 
said to me, that 1 follow in the wake of the 
Senator from Massachusetts. Sir, I do not 
follow in any man's wake ; but I do not object 
to this accusation. I do not deem it a reproach 
to be a disciple of that distinguished Senator, 
the worthy representative of that grand old 
Commonwealth "where American liberty 
raised its first voice." 

For a quarter of a century that Senator [Mr. 
Sumner] has been the fearless champion of 
human rights. He has occupied the advanced 
guard, the outpost in the army of progress. 
Triumphant over calumny and unawed by 
personal violence, with a keen, prophetic eye 
upon the great result to be attained, with 
the scimeter of truth and justice in his hand, 
and the banner of the Union over his head, 
he has pressed onward to the goal of final 
victory. Although yet in the vigor of his 
manhood, he has lived to seethe small band of 
pioneers who stood by him swollen to mighty 
millions. His views have already been embraced 
and lauded as the wisest statesmanship. They 
have been written upon the very frontispiece 
of the age in which he lives ; written in the 
history of the mighty events which are trans- 
piring around us ; written in the constitutions 
and the laws, both national and State, of his 
country. Where he stood yesterday other 
statesmen stand to-day. Where he stands in 
1868 other statesmen will stand in 1872. Say 
what we may, there are none in this country who 
can contest the right of his tall plume to wave 
at the head of freedom's all-conquering hosts. 

Mr. President, I wish it understood that 1 do 
not antagonize the Chicago platform. The 
ground that I take is in entire accord and har- 
mony with it. That platform says what I do, 
that the question of suffrage belongs to the 
States — so I say, that the question of suffrage 
belongs in the first instance, to the States, but 
if the States shall in prescribing the qualifica- 
tions of voters so prescribe them as to disfran- 
chise a portion of citizens arbitrarily, and thus 
render the government anti-republican, then 
Congress is required to intervene and make it A 
republican form of government. 



I confess that recent events, and especially 
iht courseof President Johnson, liave satisfied 
rae that too much reliance is not to be placed 
upon mere paper edicts which we style plat- 
forms. Measures, not men, was once the doc- 
trine, but my doctrine now is: both men and 
measures. A good platform in the hands of 
bad men is of not much avail. With men of 
the unquestioned integrity, wise statesmanship, 
and lofty patriotism of Grant and Coltax, we 
can trust the helm of the ship of State, and feel 
secure that no narrow creeds, but the good of 
the people and the prosperity of the Republic, 
will be the pillars of fire to lead and guide them 
in the administration of the Government. 

I consider myself fortunate in being able to 
sustain the view of the case I have taken, by 
the strong authority of Mr. Madison, as set forth 
in the Debates of the Virginia Convention, page 
261: 

"With respect to the other point it was thought 
that the regulation of time, place, and manner of 
electing the Representatives should be uniform 
throughout the continent. Some States might regu- 
late the elections on the principles of equality, and 
others might regulate them otherwise. The diversity 
would be obvioust!/ unjust. Elections are regulated 
unequally now in some of the States, particularly in 
South Carolina, with respect to Charleston which is 
represented by thirty members. Should the people 
of any State by any means be deprived of the right 
of suffrage it was proper that it should be remedied 
by the General Government. It was found impossi- 
ble to fix the time, place, and manner of the election 
of Representatives in the Constitution. It wa» found 
necessary to leave the regulation of these in the lirst 
place to the State governments, as being best ac- 
quainted with the situation of the people, subject to 
the control of the General Government, in order to 
enable it to produce uniformity and prevent its own 
dissolution. And considering the State government 
and General Government as different bodies, acting 
in different and independent capacities, it was 
thought the particular regulations should bo sub- 
mitted to the former and the general regulations to 
the tattler. Were they exclusively under the control 
of the State governments, the General Government 
might easily be dissolved. But if they be regulated 
properly by the StateLegislatures, the congressional 
control will very probably never be exercised." 

I add to this the declarations of Alexander 
Hamilton, set forth in the following extract 
from the Federalist, paper No. 09: 

" It will, I presume, be as readily conceded, that 
there were only three ways in which this power 
could have been reasonably organized ; that it must 
either have been lodged wholly in the national Legis- 
lature, orwholly in theStateLegisIatures, orprimar- 
ily in the latter, and ultimately in the former. The 
last mode has with reason been preferred by thecon- 
vention. They have submitted the regulation of 
elections for the Federal Government in the first 
instance, to the local administrations ; which in ordi- 
nary cases, and where no improper views prevail, 
maybe both more convenient and more satisfactory ; 
but they have reserved to the national authority a 
right to interfere, whenever extraordinary circum- 
stances might render that interposition necessary to 
its safety. 

" jS'othing can be more evident tlidn that an ej;c?u- 
sive power of regulnting elections for the national 
Government, in the hands of the State Legislatures, 
would leave the existence of the Union entirely at 
their mercy. They could at any moment annihilate 
it by neglecting to provide for the choice of persons 
to administer its affairs. It is to little purpose to 
say, that a neglect or omission of this kind would 
not be likely to take place. The constitutional im- 
possibility of the thing, without an equivalent for 



the risk, i-san unanswerable objection. Norhas any 
satisfictory reason been yet assigned for incurring 
that rijU. The extravagant surmises of a distem- 
pered jealousy can never be digniUcd with that 
charaftor. If we are in humor to presume abuses 
of power, it is as fair to presume them on the part 
of the State tTOvernments as on the part of the Gen- 
eral Governinent. And as it is more consonant to 
the rules of -.t just theory to intrust the Union with 
the care of its own existence, than to transfer that 
care to any other hands: if abuses of power are to be 
hazarded on the one side or on the other, it is more 
rational to hazard them where the power would 
naturally be placed, than where it would unnatur- 
ally bo placed." 

I shall embody in my speech, the positions 
assumed by Senators on this floor. For instance, 
I refer to the position which was taken by the 
Senator from Indiana, [Mr. Mortox,] who said 
a day or two since : 

" I contend that every State has the right to regu- 
late the question of suffrage and to amend her con- 
stitution in any particular from time to time, so that 
it does not cease to be republican in its character. 

" Mr. Edmunds. Who is to judge of that? 

" Mr. Morton. I suppose that is a question to be 
judged of by Congress." 

Suppose the State fails to establish a govern- 
ment republican in its character, what then? 
Who is to judge whether it is republican or anti- 
republican? '* I suppose,'' said he, " that is a 
question to be judged of by Congress." My 
colleague, [Mr. TraTMBULL,] while he asserts 
the exclusive power in the States over the suf- 
frage question, still admits enough for the pur- 
poses of this argument: 

" 'Sufficient unto the day is the evil thereof.' When 
the times comes that any of the States of this Union 
so change their constitutions as to set up soniethingf 
different from a republican government, the Govern- 
ment of the United States may interfere." 

He and I may differ as to what may be a 
republican form of government, but that he 
commits himself to the power of Congress to 
intervene, in case the State government is not 
republican, is, I think, to be inferred from his 
speech. 

He says further: 

" I am not prepared to say what steps should bo 
taken in case the St.ate of Nebraska should hereafter 
change its constitution, and in that change adopt a 
different rule in regard to suffrage from that which 
was recognized at the time the State was admitted. 
Perhaps we could find some way to compel the State 
of Nebraska to allow the same persons to vote thatit 
agreed it would allow to vote when it was admitted 
into the Union ; but we should have to tind that way 
out then; we cannot iirovide for it now." 

He acknowledges that perhaps there is power 
somewhere, in cases of failure on the part of 
the State to comply with the condition, and I 
assert, you cannot trace it to any source except 
Congress. The remarks of other Senators go 
to show that they admit that this revisory 
power is in Congress. I read from the same 
debate, the views taken by the Senator from 
Nevada [Mr. Stewart] and the Senator from 
New York, [Mr. Coxkling:] 

" Mr. Stewakt. We do not pretend to determine 
at what point Congress should interfere under the 
authority of the guarantee clause. That will be for 
a future Congress when the question comes up. That 
there arc times when it should interfere the Senator 
from New York now admits. 



"Mr. CoNKLiNG. Certainly. 

"Mr. Stewart. Every man who reads the Con- 
stitution must admit that there may bo times when 
the Congress should interfere upon the question of 
fiuCrage." 

Now, sir, here these Senators, who Jiave 
asserted that the exclusive power over suffrage 
is iu the States, admit away their whole case. 
They admit fully the power of Congress to 
revise the action of the States upon the suf- 
frage question. The right to exercise the power 
is clearly admitted. Whether it shall exercise 
the power to pass all laws which are necessary 
and proper to carry into execution this clause 
of guaranty, depends upon whether the State 
government is a republican form of govern- 
ment. That is the question. 

On the 22d day of January, 18GG, I intro- 
duced a bill into the Senate of tlie United 
States, and defended it in a speech of consid- 
erable length, in which I took the position that 
Congress had this revisory power, and that 
■wherever a State had an anti-republican gov- 
ernment, it was the duty of Congress to inter- 
fere and make it a republican form of govern- 
ment; and 1 am glad to be supported in that 
view now, by such distinguished authorities as 
the Senators whose remarks 1 have quoted. If 
that bill had then become a law, by this time, 
no vestige of this question would be left to dis- 
turb the harmony of the nation. 

I quote from tlie speech of the Senator from 
Massachusetts [Mr. Sumner] March 7, 18G6, 
which will show that I was in advance even of 
hira for congressional legislation for suffrage 
in the South as well as the North: 

"Something has been said of the form in which 
the proposition has been presented. There is the bill 
of the Senator from Illinois, [Mr. Yates,] which he 
has maintained in aspcech of singular orifjinality and 
power, that has not been answered, and I do not 
hesitate to say cannot be answered. By this bill it is 
provided that all citizens in any State or Territory 
shall bo protected in the full and equal enjoyment 
and exercise of their civil and political rights, in- 
cluding the right of sufTrage." 

* * * * * * * * * * 

"Not doubting the power of Congress to carry out 
this principle everywhere within the jurisdiction of 
the United States, I content myself for the present 
by asserting it only in the lapsed States lately in 
rebellion, where the twofold duty to guaranty a 
republican government and to enforce the abolition 
of slavery is beyond question. To that extent I now 
urge it." 

Now, I come to consider the clauses of the 
Constitution affecting the question of the power 
of Congress, or the States, over the question of 
suffrage. My friend from Kentucky [Mr. 
Davis] thinks that the whole gospel of the 
Constitution is contained in chapter ten of the 
amendments, which provides that — 

" The powers not delegated to the United States by 
the Constitution, nor prohibited by it to the States, 
are reserved to the States respectively or to the 
P'.ople." 

Unfortunately for his position, this power to 
guaranty republican governments is "dele- 
gated to the United States," and the Constitu- 
tion says, that wherever a power is vested by 
the Constitution, in the Grovernmeut of the Uni- 



ted States, Congress shall execute that power. 
I quote the clause : * 

" Art. 1. Certain powers having been enumerated. 
those words follow in section eight: 'To make all 
laws which shall bo necess;iry and proper for carry- 
ing into execution the foregoing powers, and ail 
other powers vested by this Constitution in the Gov- 
ernment o the United States, or in any department 
or oQicer thereot. " 

Thus it is seen, that it is for Congress to carry 
into effect the various powers vested in the 
Government of the United States. How is 
Congress to do this? By all laws necessary 
and proper to that end. 

The thing is very plain. We see that the 
same clause which authorizes Congress to pass 
all laws necessary and proper to carry the enu- 
merated powers into effect, says, that Congress 
shall have power to pass all necessary and 
proper laws to carry into effect " all other 
powers" vested by the Constitutiou in the Gov- 
ernment of the United States. 

I say, then, that it is the duty of Congress, to 
do what I propose: by a necessary and proper 
law, to guaranty to every State iu the Union, a 
republican form of government. Articlefour, 
section four, of the Constitution is as follows : 

"The United States f.'i all guaranty to every Stato 
in the Union a republican form of government, and 
shall protect each of them against invasion ; and on 
application of the Legislature or of the Executive 
(when the Legislature cannot be convened) against 
domestic violence." 

A guarantor is one who undertakes to do a 
thing, which another has undertaken to do, pro- 
vided that other fails. Now, suppose South 
Carolina, or any other State, should in its con- 
stitution insert the word "black" before the 
word "inhabitants," so as to provide that "all 
black inhabitants shall be electors," would 
Congress intervene? Would Congress, having 
the power to guaranty republican forms of gov- 
ernment, sit still, and see white citizens ex- 
cluded from the suffrage by the constitution of 
South Carolina ? Does any Senator dare to 
answer categorically "Yes" to that propo- 
sition? I should like to see the Senator who 
is bold enough to answer it in that way. Ken- 
tucky says that her electors shall be all white 
inhabitants, and she excludes every other than 
the white race. Maryland does the same thing, 
and Illinois does the same thing. Will you 
intervene, willyou exercise the power conferred 
on you by the Constitution, or will you bow 
ignobly to the prejudice of caste and race ? 
Will you decline to intervene where black peo- 
ple are excluded, and intervene where white 
people are excluded ? 

Mr. President, if we had expended the time 
to find out power in the Constitution, for Con- 
gress to confer upon men their rights, and to 
establish and preserve a republican form of 
government, if we had examined the Constitu- 
tion closely and critically with a view to find 
out this power, instead of trying to find that 
Congress has not the power to guaranty a 
republican form of government, by securing 
to all men their rights, we should have bceu 



8 



more successful. For instance, take section 
two of article one. This- is the groundwork of 
the claim of exclusive State jurisdiction over 
the question of suilVage. It is as follows : 

"The House of Representatives shall be composed 
of members chosen every second year by the people 
of the several States; and the electors in each State 
shall have the qaalifications requisite for electors of 
the most numerous branch of the State Legislature." 

If the States have exclusive power over this 
question they get it from that section of the 
Constitution. How do they get it from this 
section? According to the construction of the 
Senator from Wisconsin [Mr. Doolittle] they 
get it by implication, in this way : it provides 
that the Legislatures shall be chosen by the 
people of the State, and these same people 
who choose members of the Legislature, are 
made the electors of Representatives in Con- 
gress. Is there any more implication in favor 
of the exercise of the power in this clause by 
the Legislatures of the States, than there is 
implication in favor of the exercise of the 
power by Congress itself? It may be said to 
me, ''Surely you would not contend that Con- 
gress should declare who shall elect members 
of the State Legislature." I would not; I 
would not think that very appropriate ; I would 
not think it was doing the thing in the right 
way exactly. But is it more appropriate, that 
the Legislature shall decide who are to vote 
for members of the Legislature, than that Con- 
gress should say who are to vote for members 
of Congress? With much propriety can I 
say, that Congress shall detine the rights and 
qualifications of the citizens of the United 
States, for the sake of uniformity in c'tizenship, 
and as a matter of self-national preservation, 
and not leave the question, who shall be citi- 
zens of the United States to thirty-six different 
States, and have as many different standards 
of citizenship as there are States in the Union. 
But, sir, I waive this view of the case, because 
the uniform construction has been that the 
question belonged to the States in the first 
instance, and I do not propose now, to question 
that construction. 

But this section of the Constitution says that 
the House of Representatives shall be composed 
of members " chosen every second year." By 
whom ? " By the people." Suppose that any 
State constitution says that a part of the people 
shall not be embraced in choosing Representa- 
tives ; suppose it excludes any particular class : 
is not that State in conflict with this provision 
of this Constitution, because all the people are 
not represented, and are not consulted in choos- 
ing their Representatives? There can be no 
mistake upon this point. Members of the Legis- 
lature, and members of Congress are to be 
chosen '"by the people." The "'people" in 
each case are to be the electors ; and those 
who vote for members of Congress, are to have 
the same qualifications as the electors of the 
most numerous branch of the State Legisla- 
ture. 



Most clearly, if the Constitution of a Stale, 
or the laws of a Legislature, so fix the qualifi- 
cations of voters as to exclude any portion of 
the people on the ground of race or color, it is 
in conflict with this clause of the Constitution, 
whicli provides that the people, not a part of 
the people, not half of the people, not white 
people, or black people, but all the people, 
shall be represented in the choice of their 
representatives, State and national, 

I think I have shown, that all Senators on 
this side of the Chamber admit that Congress 
has aright to pass all laws necessary and proper 
to guaranty to a State a republican form of 
government, provided the States adopt consti- 
tutions which are not republican foi'ms of gov- 
ernment. 

Then, sir, the issue is clearly narrowed down 
to the question, What is a republican govern- 
ment? Whenever it can be shown that States 
have violate'l this great fundamental idea, it is 
clearly tlie duty of Congress to intervene. 

My colleague [Mr. Trumbull] says, in a let- 
ter, published in The Advance, a newspaper in 
Chicago, that " a republican form of govern- 
ment does not depend upon the numbers of the 
people who participate in the primary elections 
for members of Congress." It is true, that it 
does not exclusively depend on the numbers of 
people who vote. Minors may be excluded ; 
other persons may be excluded on account of 
certain disabilities. But while a republican gov- 
ernment does not depend on the numbers who 
constitute the body politic, it does depend 
largely on the question, whether any large por- 
tion of the people are excluded from the ben- 
efit of suffrage, on the ground of race, color, 
or previous condition. Let me put a case to 
test the question. Suppose that in carrying 
out the provision of the second section of the 
first article of the Constitution, the constitu- 
tion of some State should say, that Germans 
should not participate in the choice of mem- 
bers of the Legislature and Representatives in 
Congress ; would that be a republican form 
of government? Suppose that Illinois, where 
we have a large mass of Germans, a most in- 
telligent, industrious, and thrifty population, 
who constitute a large portion of the Republi- 
can strength in that State, and who are almost 
universally the friends of freedom, loyal to the 
Government, and gallant defenders of the flag ; 
suppose that tlie constitution of the State of 
Illinois should be altered so as to say, that the 
people who are to choose members of Con- 
gress and members of the State Legislature 
should not include any person of German 
birth, would it not be anti-republican in form ? 
Does any man dare to say that it would not 
be the tUity of Congress to intervene to re- 
store to those Germans their rights, to declare 
the constitution of the State, so iar as it 
excluded this largeclassof our fellow citizens, 
to be not republican in its features? Suppose 
that the people of Utah should exclude I'roni 
the polls everybody but Mormons, followers 



9 



of their faith ; suppose that Connecticut should 
exclude everybody except Congregationalists ; 
or Maryland everybody except Catholics, would 
it not be our duty to intervene, and aia!:e those 
governments republican in form ? And yet, 
when it is proposed to enfranchise the negro, 
we bow to the prejudice of caste, and say that 
a State government is republican in form, 
whether it excludes the colored man or not. 

if 1 am asked whether there must not be 
some limitations, I reply, yes ; but not total 
exclusion ; there may be temporary disabili- 
ties, of age, residence, and other disabilities; 
but the dilference between making temporary 
provisions as to a class, and the total exclusion 
of a whole race of our fellow-citizens, is very 
apparent. 

Mr. CONKLING. By permission of the 
Senator 1 beg to ask him a question. He says 
that lixiiig qualilications as to residence and 
age is within the power of the Slates, as I 
understand him. 1 beg to inquire whether, if 
the State of Illinois should say that voting 
should be confined to persons upward of forty- 
five years of age, and who had resided in the 
State of Illinois at least twenty-five years, such 
a provision as that would be republican, in his 
judgment? 

Mr. YATES. Exchisious from suffrage for 
a time, and which apply to all men alike, arc 
allowable. If all men are excluded, men of all 
races, until they are of suitable age, from 
voting, 1 do not see anything winch would con- 
Ilict with its being a republican form of govern- 
ment. Equality is the basis of a republican 
government. The Senator seems to forget the 
idea which enters into the definition of a 
truly republican government. He was very 
sound yesterday, or some other Stiiiator was 
very sound in my view, when he said, it did not 
depend on Congress to say what sort of stat- 
utes of limitation a State should have as to the 
paynjent of debts, applicable to all citizens 
alike, but Congress shall guaranty to every State 
a republican form of government ; and ihe test 
whether a government is republican, depends 
upon whether it grants to all citizens alike the 
same privileges, and imposes upon all citizens 
the same disabilities and duties. To define the 
length of residence necessary to enable a man 
to vote, to say what his age shall be, is one 
thing; and to say that he shall not vote at all 
because he is black or white, is an entirely dif- 
ferent thing. In the latter case, color is made 
the disqualification, just as race would be if 
Germans wtire excluded from the ballot-box. 
The Slate may preserve a right; it may hx the 
qualifications; it may impose certain restric- 
tions so as to have that right pre-erved in the 
best form to the people ; but it is not legiti- 
mately in the power of the State, it is not iti 
the i)Ower of the Congress of the United 
States, it is not in any earthly power to de- 
stroy a mar/s equal rights to his i)roperty, to 
his fVauchise, to his suffrage, or to the right to 
aspire to office — I mean according to the true 



theory of a republican government. That is 
the one thing, that in this country, the Govern- 
ment cannot do. 

The Senator from New York [Mr. Coxkling] 
will remember, that if a State constitution 
should do so unwise a thing as to debar from 
the polls all men till forty-live years of age, 
there is a question Jjehind that. Who made 
the constitution? Were all men, of all races 
and colors permitted to vote on the question 
whether that liinitation should be put on all 
alike? If he means that in the State of New 
York, where only a portion of the people can 
vote, that that portion of the people have a 
right to impose such a limitation on others 
who have no voice in making the limitation, 
then most clearly such a provision would be 
anti-republican. My answer to him is, that 
such a provision as he mentions, would estab- 
lish an oligarchy, and therefore be unconstitu- 
tional, while a reasonable limitation as to age 
is not only proper, but absolutely necessary, 
and if made applicable to all men alike would 
be constitutional. 

The Senator from New York will ask me, per- 
haps — I address myself to him simply because 
he sits before me — " Do you not consider Illi- 
nois a republican government? Do not yoa 
consider New York a republican government?" 
I answer that question by asking another: 
Does New York exclude from suffrage, among 
the people who are to choose members of the 
Legislature, any large class of its citizens ? and 
then I leave him to answer whether a govern- 
ment that does that is republican. 

Mr. President, I say to Senators that we 
must look at things as they are. The disabili- 
ties which heretofore existed against the black 
man have been removed. Even admitting the 
soundness of the hard ruling oftheDred Scott 
decision, what was it? That the black man 
was not a citizen because he belonged to a 
subject race, because a slave has no will, and 
therefore cannot vote, and hence is excluded 
from the body-politic. But now, that disabil- 
ity is removed ; slavery is dead and will liave 
no resurrection ; the genius of civilization 
touched it, and it fell ; the light of the nine- 
teenth century blazed upon it, and it faded 
away. By the thirteenth amendment of the 
Constitution, slavery was abolished throughout 
the land, and Congress was required "by appro- 
priate legislation" to enforce emancipation. 
By this emancipation, the disabilities which 
attached to the colored race are removed, and 
the colored man stands before the country and 
the world a freeman and a citizen; emanci- 
pated into the sovereignty, one of the peop!(,-, 
one of the body-politic, and is entitled to the 
same rights and privileges that any other citi- 
zen, of whatever color, may enjoy. 

I admit, sir, in the language of the Chicago 
platform, if you choose, that in the first in- 
stance, the right of sufTi-age belongs properly 
to the States to regulate lor themselves; but 
it is subject to the Constitution of the United 



10 



States, to the Cotistilution as it is umemled ; 
and especially to that particulai- clause in the 
Constitution wliieh says, that Con>;ress shall 
guaranty to every State in this Union, a repub- 
lican ibrni of govcrnuient. 

Now, lot me rejiea^ the question : What is a 
repul)licau lorni of goveriuneut? Mr. Madi- 
son, in the forty-second number of the Fed- 
eralist, says: '•The definition of the right of 
suffrage is very justly regarded as a funda- 
mental article of republican government," and 
he speaks at length on that subject. I only 
read enough to show that the question, who 
shall vote, is of the essence of a republican 
government, and enters into the delinition of 
what is to be considered a republican t'orm of 
government. 

Mr. Madison further says in the Federalist, 
No. 57: 

" Let me now ask, what circuuistance there is in 
the eonstitution of the llou.so of llepreseutatives 
that violates the iirinoiplfs of republican govcrn- 
uient, or favors thu elevation of the tew on the ruins 
of tho many? Lot mc ask, whether every circuni- 
.stanco is not. on the contrary, strictly conformable 
to those principles; and scrupulously impartial to 
the rights and prctcnsious of every class and descrip- 
tion of citizens? Who are to bo tho electors of ttie 
Pederal Keprescntatives? Not tho rich, more than 
the poor; not the learned, more thaai the iguoraut; 
not ihe haustity heirs of distinsuishcd names, more 
than the luimbie sons of obscurity and unpropitious 
fortune. Tho electors are to bo the great body of 
tho people of the United States. They are to be the 
same who exercise the riirht in every Stale of elect- 
ing the correspondent branch of the Legislature of 
the State." 

Now, what I say emphatically, and what the 
people of this country will indorse, is, that in 
the light of the Ueclaration of American Inde- 
pendence, in the light of the Constitution of 
the United States as amended, any State gov- 
ernment which excludes one large class of citi- 
zens from sutiVage is not a republican govern- 
ment. It must embrace the representation of 
the great body of the people without distinc- 
tion of race or color. 1 maintain that propo- 
sition, and I s;iy that no Senator can maint;iin 
the reverse. I say emphatically, that the 
equal right of every man to vote and to aspire 
to ollice is essential to republican government, 
and if he is deprived of that right, the govern- 
ment which deprives him ofit is not republican. 

Sir, in its spirit and in its letter, and in sub- 
stance, the adverse plea is bad. The very 
essence, marrow, and life of a republican gov- 
ernment, the very basis of republican govern- 
ment, is equality of all its citizens. The ques- 
tion whether any class of citizens can be ex- 
cluded from the right of suffrage, is a vital and 
a fundamental question. It is the only ques- 
tion to be decided in this argument. It is sub- 
terranean, it runs under the very foundation 
corners of republican government, and if you 
acknowledge the right to thus exclude any class 
of citizens, you loosen the earth around and 
beneath the corner-stones and the structure 
will fall. Whenever a Government attempts to 
exclude any large class of its citizens from the 
rights which it gives to other citizens, it ceases 



to be republican. Such exclusion stamps it 
with the brand of an oligarchy as indelibly as 
did the spot of blood on the hand of Lady 
Macbeth stamp her as a murderess. 

And the argument that JUinois or New 
York or Ohio is a republican form of govern- 
ment, if it excludes any large class of citizens 
on account of race, color, or previous condi- 
tion, if we are to judge it according to the 
foundation theories of our governmental sys- 
tem, is not worthy of a child ten years old. 

The Republican masses of the country under- 
stand it, and hist year the Kepublicans of Ohio 
tried to make their government republican, to 
make it conform to the Constitution of the 
United States, by conferring the elective fran- 
chise upon all her people without regard to 
race, color, or previous condition. 

1 am not asking what is an appro.ximation 
to a republican form of government ; I am not 
inquiring whether Illinois is not more repub- 
lican than some Government in Europe or 
than some other State. 1 am not trying to 
decide that question ; but I am trying to decide 
the oidy issue that is before the American peo- 
ple, and that is presented by the Constitution 
of the United States, namely, whether any 
Government which excludes a citizen from his 
rights, except for mere temporary disability, 
such as age, or residence, or crime, is a repub- 
lican form of government. Why, sir, a man's 
right to vote is as sacred as any other right 
that he has. To rob a man of that right is as 
wicked as the law of slavery, which robs him 
of his wife, or child, or of himself. 

What is the theory upon which the Govern- 
ment of the United States was built? What 
was the cause of the lievolution? For what 
did our fathers light, but the principle that 
ta.xation and representation must go together, 
and that all just government must be founded 
upon the consent of the governed, not a part 
of the governed, not half of the governed, 
not an oligarchy, but upon tlie consent of all 
the people ? A majority of all the people of 
the United States are to decide those ques- 
tions by which the rights of all are protected, 
the will of all is represented, and the Gov- 
ernment itself is maintained and preserved. 
Go back to revolutionary days ; go back to 
the door-steps of those little meetings of our 
fathers, as they stood up with wounds yet bleed- 
ing, fresh from the Revolution, and with the 
blood and sweat of battle running down their 
furrowed cheeks ; listen to their discussions, 
and what do you hear? Their only remon- 
strance against the mother country was her 
asserted right to tax the Colonies without their 
consent. This was the initial cause of the 
Revolution. It was for this that the blood of 
our fathers consecrated the battle-fields of the 
Revolution; it was for this that John Han- 
cock and James Otis spoke; it was for this 
that Warren fell — a denial of tiie right of Gov- 
ernment to tax the people without their con- 
sent. 



11 



This power in Congress to guaranty a 
republican form of government to the States 
is a mighty and a vital power. It is the wisest 
power in the Constitution. It is the only 
power by which the national Government can 
preserve its nationality, by which it can se- 
cure equal representation, by which it can 
put the States upon an equality. Jt is tlie doc- 
trine that was designed to protect the States in 
their rights in the true sense of " State rights," 
so that all the States should be upon an equal 
footing, and the citizens of each State should 
enjoy all their rights in every State of tin! 
Union. As the Senator from Massachusetts 
well said in one of his speeches, "this guar- 
antee clause has been a sleeping giant but 
recently awakened during the war, and now 
comes forth with a giant's power." 

Sir, what is the duty of the Republican party? 
What position should the Republican )>arty 
take? Will they stand back appalled by the 
statement that the question is settled? Will 
they join the State-rights party ujjon the otlier 
side of the House, and in the South, and say 
that Congress has not the means for its own 
preservation in its hands, and assert the doc- 
trine of State rights, by which tiie leaders of 
the rebellion are to control kliii legislation and 
the destinies of this country? 

Mr. President, I wish to say to Senators and 
Representatives, and to all of the Republican 
party, that we have to meet this question of 
suffrage. It must be met. It confronts us in 
the ne.xt elections. It confronts us in the new 
relations of five million people set free. It 
confronts us in the imperious demand made by 
the emancipated race for enfranchisement. \V(; 
cannot ignore the question. Buryingyour head 
in the sand will not obscure you from the keen 
gaze of the pursuer. Your ofiponeiits will meet 
you upon every stump, and ask you whetlun-you 
are for universal matihood sull'rage. It cannot 
be dodged. No question of finance, or banks, 
or curreticy, or tarilFs, can obscure this mighty 
moral question of the age. No glare of mili- 
tary glory, not even the mighty name of Gen- 
eral Grant, can stifle the determination of the 
people to finally consummate the great end 
and aim for which the Rej)ublican party was 
brought into being. We are to be for or against 
sull'rage. If we are t"or it, how many States 
shall we lose? I mean as a State question. 
How many will there be like Ohio, bowing to 
the prejudice of color and caste and afraid to 
proclaim their honest sentiments ? How many 
States shall we lose if we are for it? If we 
ignore it, if we give the lie to the whole record 
of our lives and evade it, try to dodge it, then, 
I think I can speak for Illinois alone, we shall 
be beaten by fifty thousand majority upon a 
vote taken in that State. 

How, then, do I propose to settle this whole 
question ? The Stales have in the first instance 
acted upon it; they have established govern- 
ments which are not republican in so far as 
they e.xclude portions of the people from the 



ballot-box, and I would by a bill not ten lines 

in length declare that no State shall in its con- 
stitution or laws, make any distinction in the 
qualifications of electors, on the ground of 
color, caste, or race, and that all the provis- 
ions of any constitution, or law of any State, 
which exclude persons from the elective fran- 
chise on the ground aforesaid, shall be null and 
void. 

Such a law would be constitutional and just 
to every section, just to all the people ; and 
the people instead of oi>posing it, would hail it 
with joy and gladness. They would pronounce 
it the wisest act that the Congress of the Uni- 
ted States had ever performed, because it would 
remove this bone of contention from the anma 
of State politics; it would forever settle this 
disturbing question ; it would make citizenship 
uniform in every State of the Union. And 
if we would exercise our power "by laws 
necessary and proper" to pass such a bill as 
this, the effect would be salutary, and would 
result in the final and certain triumph of the 
Republican parly. 1 know, sir, what tiniidiiy 
suggests to the minds of Senators, but a bold, 
honest, straightforward course would set this 
country right upon this question, and we should 
gloriously triumph in every election. 

Shall the party which has come up through 
great tribulation, has faced all these questions, 
the abolition of the slave traffic in the District 
of Columbia, the abolition of slavery in tlio 
District, the fugitive slave law, the emancipa- 
tion of the slaves, the employment of colored 
troops, the establishment of negro suffrage in 
the District of Columbia and in the rebel States, 
shall the party now hesitate before it takes the 
last final step of a full, complete, and glorious 
triumph? 

Sir, the people do not understand tbat argu- 
ment which says that Congress may conferupon 
a man his civil rights and not his political rights. 
It is the pleading of a lawyer ; it is too narrow 
for statesmanship. They do not understand 
wliy a man should have the right to hold prop- 
erty, to bring suits, to testify in courts of justice, 
and not have the right to a voice in the selec- 
tion of the rulers by whom he is to be governed, 
and in making the laws by which he is to be 
bound. Shall he have civil rights without 
ihe power of protecting himself in the enjoy- 
ment of them ? What is liberty, what is eman- 
cipation without enfranchisement? What is 
the abolition of slavery, unless you employ the 
power conferred upon you by the Constitution, 
as amended, " to enforce by appropriate legisla- 
tion" the rights ofthe emancipated slave? Shall 
this party which has been the champion ofthe 
equality of all men, which has proclaimed it 
upon the housetops everywhere throughout the 
land, now shrink from asserting practically the 
equal rights of all men of this race? Shall we 
draw Mason and Dixon's line between the right 
to vote in the North and in the South ? Shall 
we impose on the South, the votes of four or 
live million ignoraul people just released from 



12 



I 



slavery, and rofiise it to the more enlightetuHl 
ftiid iiitellij^eiit colored men of the North, who 
arc much lower in number? Is that the posi- 
tion of the great liepublican party? Will it 
hesitate to exereise a power clearly vested in 
Congress by the Constitution of the United 
Stales, and to confer the same rights upon all 
the peo|>le, in every section. North as well as 
Souih, East as well as West? Will you by 
doing injustice — yes, sir, absolute injustice — 
to the free colored men of the North, lose their 
votes in the coming presidential election, and 
in the States where the balance of power would 
be in their hamls? 

You know well that the argument was used 
with wonderful elVect in Ohio, that argument 
which lost us our valued Senator, [Mr. Wadi: ;] 
that while we, the great liepublican party, 
could impose equal suU'rage on the southern 
people, we were not willing to impose it upon 
ourselves ; that while we could do justice to 
the loyal millions of ignorant black men in the 
South we could not do justice to the loyal 
thousands of intelligent black men in the 
North. I reler to this bee;(uso to this issue we 
are forced, and we might as well lace it at 
once. The power is with us. We have exer- 
cised the power iu the southern States. We 
have the same power in the northern States, 
and every consideration of justice, expediency, 
and success demands the prompt exercise of 
the povver. 

1 kiiowitis asked. Why not have the Consti- 
tution amended ? 1 ask, why have it amended ? 
When the Constitution says, that we shall by 
necessary and proper laws, carry into eil'ect this 
provision of the Constitution, when we have 
the power by law to do it already, why have 
a constitutional amendment? We have not 
time — we cannot wait for an amendment to 
the Constitution. How long would it be before 
Kentucky would consent, by agreeing to ratify 
such a constitutional amendment, to give 
enfranchi.semont to her colored population ? 
At least titty years ; and so of Maryland, and 
of many northern States. A constitutional 
amendment will not accomplish the object. 
By waiting for th.at we shall commit the same 
mistake that we committed when we did not, 
at the end of the war, declare all the slave 
States, except Missouri, disloyal, and act for 
them all as disloyal States. Such a constitu- 
tional amendment would, perhaps, never be 
adopted. 1 say there is no necessity for amend- 
ing your Constitution in this way. Cse the 
power ; you have it. Read your Constitution ; 
understand it ; you need not amend it ; but 
exereise the power it clearly eonters. 

It is said that such a law would be subject 
to repeal if Congress were to pass it. That is 
true; but then 1 have the authority of my col- 
league, and I Inive the authority of the Senator 
from Ohio. [Mr. SutcuM.vx.] tor saying that such 
a law would not be repealed. The Senator 
from Ohio [Mr. Shkrmax] said the other day, 
that when these rights are once conferred, they 



will never be given back. My colleague said, 
and trul> said, that when these men once get 
these rights, they will never give them up, and 
as theSenatorfrom Ohio wellsaid, the tendency 
of all legislation of this dav, is in favor of the 
extension of the right of sullVage. 

Mr. President, it ia "the era of good feel- 
ing" we want, such as existed in Monroe'sJ 
ailministration, when all questions were settled, 
when all the States were in harmony each with 
the other. This question settled we will have 
an "er.a of good feeling," States all the same 
in their rights, individu.als having the same 
rights, no sectional jealousies, this disturbance 
removed from politics entirely. There is no 
way under the sun by which it can be done, 
but for Congress to exercise its just and con- 
stitutional )nnvers by a law for that purpose, 
and not throw the question into the caldron of 
State politics, a bone of contention, there to 
divide the people, it may be for fifty years to 
come. Rather let us, by one sublime act of 
nationality, broad as the clause of the constitu- 
tion abolishing slavery, confer these rights 
upon every citizen in every State ot the Union. 

The Republican party cannot stand still. 
If it stands still, or recedes, it dies. It must 
move forward. When we set five million peo- 
ple free they had to be taken care of. They 
Inid to be made citizens. But are they taken 
care of, when wo deprive them of the rights 
which belong to other citizens? Will the Re- 
publican party fail to take this last final step 
in this mighty onward movement of human 
progress? Sir, suppose the almighty Archi- 
tect of the Universe, at'ter he had created the 
heavens and the earth, the sun and the moon 
and the stars, on the sixth day, had ceased his 
work, and not created man and i)reathed into 
him the breath of an immortal soul. So 
would it now be, if the Republican party, 
after vindicating the beautiful and beneficent 
system of government designed by the genius 
of our revolutionary sires, should fail to con- 
summate the last great act, and admit to equal 
enjoyment with themselves, the immortal mil- 
lions, who for two hundred years have sighed 
and suffered under our rule. 

I know, sir. that the other party say that the 
Republican party are attempting to establish 
the supremacy of negro rule. 1 wish to say 
in regard to that, simply that with no decent 
regard to truth can any man say that the 
liepublican party propose to establish the 
snpreinaoy of negro rule. Yon cannot point 
me to the declaration of a Senator, or of a 
politician, or of a newsp.aper of the Republican 
party, that says the Republican party is pro- 
posing to establish the dominion of negroes 
over the country. No, sir; that is not the 
doctrine of the Republican party. The doc- 
trine of the liepublican party is the equality 
of all men, and the supremacy and rule of all 
men. I might, with much more propriety, say 
I that the Senator from Wisconsin [.Mr. Doo- 
I little] is trying to establish rebel rule in this 



13 



country than he can say the Republican party 
is trying to cstubli.sli nej^ro rule, bociiuse, he is 
willini^ lo (MilVuiiclii.so ihf! lca(l(;rs of Uk; rebel- 
lion, tlie men wlio orj^iiiiized eivil war, tin; men 
vvho.se liiinilM are red wil.li tlie blood of our 
country'H defenders, and who.s<! lips are IVc.'sli 
with perjury ; when he is willing to take them 
into the higli piaees of the (jrovernment, to 
allow them to resume their Ibrnier positions of 
power and sway, 1 may truly say that he is in 
I'avor ol' rebel rule, but J deny that it can be 
said that any Republican Senator has ever 
declared anywhere, that he was in favor of 
negro rule. 

Now, Mr. President, the cry of negro equality 
is equally senseless and groundless. States- 
manship, nor constituti(uis, nor laws, noth- 
ing can maice ail men equal in fact. From 
what a lolly, shining light would Frederick 
Douglass have to fall, to reach the low level 
of Andrew Johnson? Far as the angels i'ell. 
"Hurled headlong (laming from the ethereal sky," 

t]« It: >i: -.11 »|c >)-. If. (}i ;{: iii 

"Nino times the space that measures day and night 
To mortal men." 

Statesmanship, however, can confer upon men 
the same chances in life, the same [jrotection, 
the same laws, the same privileges, the same 
rights of every kind. 

The fact that one race is superior to another 
is no warrant for its having superior advan- 
tages; on the other hand, if there is any 
advantage, it should rather be in favor of pro- 
tection to the meek, the humble, ami the lowly. 
I believe, myself, that the pure American 
Anglo-Saxon man is the highest style in all 
God'8cr<;ated humanity, and ther(;fore 1 beli(;ve 
he can light his way through, without having 
an advantage by law over his j)Oor colored 
neighbor and fellow-citizen, and that he is not 
in danger of being subjected to that negro rule 
and supremacy, of which so much is said. 

It is contended by the Senator from New 
Hampshire [Mr. Pattiokson] that there should 
be a (]ualilication, that only those who can 
read and write should vote. I reply to this, 
that we ourselves, by our own action, have 
conferrtjd sull'rag(! ujion those who cannot 
read and write. J'rovidence overruled us in 
this regard. In order to have loyal States in 
the South, we were coinjielled to confer suffrage 
upon those who could not read and write. On 
the other hand, there are thousands of white 
men in the Slate of Kentucky, and in the State 
of Illinois, atid in every olherState, who cannot 
read and write, and y(;t who make good citi- 
zens. We cannot, by any principle of equality, 
confer suliVage upon any favorite class, either 
of intelligence, wealth, birth, or fortune. 
There is this advantage in universal suffrage: 
that the masses, though ignorant, are honest, 
and they are a check upon the intelligent oli- 
garchy, to whom, i am sorry to say, have been 
traced mistakes and corrujition uj)on many and 
many a bloody page of history in all times past. 

The true theory is to trust the Government 



of the American people as our fathers made 
it, to the consent of the governed, founded 
upon the rights of all the people, to the strong 
common sense of all the people, 'i'here is 
more virtue and more intelligence in all the 
))eople, than there is in a jiart of the people. 
All the people, all the virtuous peojjle, all the 
wise jjconle, all the ignorant people, must 1)0 
consulted. We must trust that one force will 
counterpoise the other in the future, as it has 
done In the ))ast. 

The Senator from Massachusetts [Mr. Sum- 
nior] is a very learned man ; but I would not 
be willing to trust th(! legislation of this 
country in the hands of a hundred nu;n like 
him. Professor Agassi/, is a very classic man. 
We live with Longfellow in his j)oetry. Henry 
Ward Beecher and Theodore '1 ilton are men 
of rare genius, sparkling wit, and surpassing 
eloquence; and yet I would not trust the gov- 
ernment of this people in tin; hands of such 
men alone. 1 take it that the banker knows 
more aboutfinances than the Senator from Mich- 
igan [Mr. Howaud] does, because his pursuits 
are different; the merchant knows more about 
barter and trade, and tlie poor man knows the 
wants of poverty, and the wants of the people, 
better than the rich or the intelligent. Jeff. 
Davis is an educated man — educated at the 
expense of that (Jovernment at whose throat 
he made an infernal leap, liobert 'I'oombs is 
an educated man. I would rather trust the 
government of the people of the United States 
to the hands of all the people, to the hands of 
the hunibbist laborer who was loyal, and who 
had an honest h(;art, who was devoted to his 
country, than to any oligarchy or favored few. 

Sir, it is the ballot which is to be the great 
educator. 'I'Ik; fact that men have an interest 
in the (lovernment, that tlu^y have the right to 
vote and hold ollice, is an incentive to them to 
inform themselves. This is the reason why 
education is more universally diffused in the 
United States than in any other country. This 
is the reason why we hav(! schools ami col- 
leges everywhere in our midst. They are the 
offspring of the molding influences of our free 
institutions. They are Ijorn of the ballot. 

Much has been said about the results of the 
recent elections. Mr. President, if the lie- 
publican party will stand to its guns, will stand 
upon the platform which in its past record it 
has made for itself, will stand by thesequences 
of its own teachings, I have no fiars for the 
result. As for myself, sir, as I did three years 
ago, so now 1 " accept the situation." 1 nail 
the colors of universal suffrage to the mast- 
head ; and I am for it by act of Congress, 
guarantying a republican government to every 
State in the Union, Eastas well as West, North 
as well as well as South. 

I do not propose to arraign the Democratic 
party. I will only say this: they have been the 
consistent ojiponents of the war from the start. 
The rebellion could not have stood on its legs 
a single year without its aid and cooperation. 



14 



I 



The Doiuooratio party, as an orgaiii/.ation, has i 
been part and parcel, yea, the very heart and 
life ot the lebellioa itself. It has furnished it ' 
its leaders, it-s aid and sympathies. In their \ 
conventions, in their plattornis. in their presses, i 
in CoMijivss, in their Legishitiires, they opposed 
every measure for a vigorous prosecution o( 
the war. Sir, I well remember when in the 
western States, in 18ii'J and I8(.'>;>.the Demo- 
cratic Legislatures were nothing more nor less 
than rebel camps in thecapitjUs of those States 
in which they met. They passed resolutions 
denouncing the war, and threw every obstacle i 
in our way, as ever since, they have persist- 
ently resisted every measure by Congress, for 
the speedy and proper rcoousiruction of the i 
Union. 1 

\Yhat patriot can over forget the Democratic 
National Convention at Chicago of .Inly -1\ 
IStU, presided over by Horatio Seymour and 
engineered by Vallandigham, when the whole 
weight and power of the Democratic party were 
thrown in tavor of the enemies of the country ? 
It was at that t'eartul crisis in the history of 
the country, when the scales hung even, when 
Sherman and our brave boys in blue were mov- 
ing on through Dalton. over Lookout mountain, 
and Mission Kidge, and iVom Atlanta to the 
sea, amid shot and shell, and the war and thun- 
der of battle; when Sheridan was sweeping 
along the valley of the Shenandoah, and when 
Grant was struggling in that hand-to-hand tight 
through the Wilderness ; when our losses were 
counted by thousands; when the question of 
Knglish intervention hung doubtt'ul in the 
scales ; when the good Lincoln, through the 
weary watches of the night, with long strides 
nervously paced his executive chamber await- 
ing, tremblingly, dispatches I'rom the Army. Ii 
was while events like these were transpiring 
th.at the Democratic National Convention in 
Chicago, representing the party in every State 
of the Union, passed, amivl heaven-rending 
huzzas, with all the forms of parliamentary 
solemnity, that resolution, forever black with 
the imperishable stain of treason, that the war. 
after four years of lighting, was a tailure, and 
that the public welfare demanded an immediate 
cessation ot' hostilities. 

That party even now charge it as the great 
crinic of the Republican party, that it distrnn- 
chises the leading rebels. They proclaim that 
those States which made war npon the Gov- 
ernment, aud set up governments in direct 
antagonism to our own, are lawful States in the 
Union, having the right all the time during the 
war, and now, to send their Senators and Kep- 
resentatives unqvjestioned. to take their seats in 
the Congress ot the United States. 

And. sir, to the great shame of the Demo- 
cratic party, while they would ivceive with 
open arms into Congrx'ss, the leaders of that 
party' which organised the rebellion, brought 
on the war, filled the laud with mourning and 
desolation, and by plunder and pir;»cy, by 
arson and murder, by perjury and by poison, 



by the slow tontnres of starvation, and by 
every ssivage and infernal cruelty shocking in 
the sight ol' God and man ; while they would 
bring them back, and introduce them to the 
high places of power, to resume their Ibrmcr 
influence in the tlovernment, they descend to 
the unworthy work of belittling the loval 
blacks, and miblushingly advocate the dis- 
franchisement oi' those men of another race 
who guided and cheered our boys in blue, and 
won their title to the nations gratitude by 
deeds of imperishable valor. 

If 1 had lime 1 could turn to the brighter 
record ot' the Uepublican party, show its record 
bright with the country saved from tlie hands 
of the spoiler, and the banner of the Union 
planted npon every battlement where traitor 
hands had put it down. But I refer to it only 
in one aspect, as it may bear upon the entVan- 
ehisement of the race it set free. 

Deplorable as war was, it has had its cotn- 
pensations. Slavery is dead, and will know no 
resurrection; that most accursed chatteling of 
human beings, the auction-block, the tearing 
asunder of mother and child, the day of stripes 
and the lash, the revolver and the bowie-knife, 
are past. IK'usand caverns, tliepursuiugblood- 
hounds, mountains climbed and rivers crossed 
and no escape from the Constitution and the 
laws — these have past. What a sublime result, 
that not a single slave clanks his chains upon 
one inch of American soil, and that tlie na- 
tions hail with shouts of joy the banner of uni- 
versal emancipation ! Thanks to God; thanks 
to the Anti-Slavery Society ; thanks to Pariicr. 
Garrison, Henry Ward Beecher, Wt-ndeli 
Fiiillips, and all the pioneers in the anti- 
slavery cause; thanks to the Kepublican party 
and the Thirty-Ninth Congress; thanks to 
Grant and Sheridan and Sherman and our 
brave boys in blue everywhere: thanivs to 
Abraham Lincoln tor the proclamation of 
emancipation ; thanks to all who labored, suf- 
fered, and achievtd. who f'ouglit and who fell 
tor this lilting up to light and liberty and citi- 
;'.enship tive millions o( God's long- oppressed 
and downtrodden poor; but thanks also to the 
poor fVeedmiui himself", tor he. too, has borne 
himself most nobly. Of tliem it may be said, 
"Blessed are the meek, for they shall inherit 
the earth." How humbly have they walked, 
poor slaves and outcasts I no law for them, no 
home, no property, no name, no wife nor child 
he could call his own. no heritage but hopeless 
bondage — borne down for centuries by the ii"OU 
heel ot foul oppression, they never aspired to rule 
over us ; they only asked to be hewers of wood 
and drawers of water, and for a place to lie 
down and die. Instead of insurrections aud 
massacres of women and children, as we 
feared, no instance is on record of a single 
act of savage cruelty on their part during the 
war. It was said they were too cowardly to 
tight, and yet they fought more daringly than 
Napoleon's veterans, and threw themselves 
headlong oi\ the battlements of the enemy and 



15 



into Ibe mine of Petersburg, and into the 
breach at Port Ilud.son, and itito the jaws of 
death every wlien;, wilii an irrepresHibh; ardor 
and lofty darinj,', (!qiial(!d only by that of our 
own unniatclicd and dauntiesH boys in blue 
fighting for a (lag, whieli for two hundred year's 
has been the ensign of lilterty for ail but tli(;ni. 
In all till! longand fearful Klruggle of the war, 
not one of these sable millions ever proved faitli- 
lesH to the (lag. Did one solitary one of them 
ever refuse to share his scanty loaf with tin; sick 
iind wounded soldier? Who, when night S|)rcad 
its dark robes over the earth, led our worn and 
wearied soldi('r through bayous, swamps, and 
by paths, and bid him (iod speed to his home, 
and the headcpiarters of our Army? 

And now, after liaving secured our own 
safety and the life of the nation aided l)y his acts 
of valor, in common with those of our brave 
soldiers ; if, adisr they have been called to i^e 
soldiers of the Army of the Union; if, after 
we have clothed them in the uniform of the 
United States Army; if, after they have 
(lashed two hundred thousand bayonets in 
the face of .J(;lf. Davis and his traitor hordes; 
if now, we open the portals of the American 
ballot-box to bloody-handed traitors, and leave 
them to the tender mercies, and hostile legisla- 
tion of their former owners, we shall commit the 
crime of history, and write upon the nation's 
name, in lines dark as night, and deep as hell, a 
stigma which all the ages cannot wash away. 

Jjct no friend of the Jlcpublican party be dis- 
couraged through any temjjorary defeat. J^et 
him remember, tiiat (Lisjtite oecaKi(jnal defeats, 
the true center of gravity in a republican (jov- 
ernment lik(! ours, is in that power which reprc;- 
sents the theory of liberty on which the (Jov- 
ernment is based. Kemember that the march 
of^our republican army, has been through storms 
of i)ersecution, iron walls of prcsjiidice, and 
through defeat after defeat todnal triumph. 
1'here are men here who remember the time, 
when to sf)eak against slavery, was denounced 
as a crime against society. It was death for 
Lovejoy, imprisonment for Parker, and mob- 
law and lyneh-Iaw (or the early pioneers in the 
causeof freedom. Anyothcrsinniightbe atoned 
for, but, clad in iron mail, slavery was secure 
behind its impregnable bulwarks. (July in 
18;57, the blood of I'^Iijah Lovejoy sprinkled the 
soil of my own State, while bravely defending 
his press against an infuriated mob. Jhit from 
that blood men sjirang, as M inerva from the head 
of Jupiter, full armed with buckler, lance, spear, 
and helmet of living truth, to (ire the world 
against the accursed system of human bondage. 
(Jnly in 181!), as a member of the Legislature 
of my own .State, I introduced a resolution to 
abolish tli(! slave trallic in the District of Col- 
umbia, and it was voted down by an over- 
whelming majcjiily. 1 remember well the time 
when it was just as unpopular to advocate the 
abolition of the slave tradie in this District, 
where men were sold upon thcHiuction block, 
and shook their chains in the ("ace ol" the Capi- I 



tol, as It IS now to advocate the passage of an 
act by Congress, where the States have failed to 
secure sullrage in ev(!ry Stale in the Union. 
1 wice has It been my pleasure to witness these 
colored men,i„ all (,!„; digrnlyof enfranchised 
nninhood, march to the noils and rescue this 
capital (rom the long dominion of coi)perheads 
am a slave oligarchy. Jlow long since statutes 
ol the States were black with cruel legislation, 
expelling these colored mc^n from the States, 
and subjecting them, for small or no olfenses, to 
the penitentiary, jail, and the whipping-post? 
n my messag.; of JHOr, to il,,: L<.gfslature of 
Illinois, J called upon it to swet'p tlnnn from 
the st,atute-book, with a swift, resistless hand, 
and they did it, leaving not a section to maraud 
darken the (ace of the revised statutes of that 
great State. Yon remember, that when in 18G2, 
Mr. Lincoln issued that conditional proclama- 
tKui of emancipation, the Democratic party 
rallied and carried almost every State, ijut we 
did not give up; defeat did not hurt. J.iko 
the bombardment of Fort Sumter, it roused the 
nation, and we gloriously triumphed in the re- 
election of i\lr. Lincoln. And now, through 
all these defeats and triumphs we reach the 
dual great ccmsiimmation, the complexion to 
which it must come at last, the summing up of 
the whole matter, the simple freedom an<l 
equality of all men, the enfranchisement of all 
men made in the image of God, to a perfect 
and universal equality of rights. 

And, sir, do you suppose we will falter 
before taking this last step. The true-hearted 
i!,ei)ublican is never deterred by election re- 
turns, lie expects some defeats. He expects 
to triumph amid the storms of defeat, as well 
as in the sunshine of victory. I hail it, not as 
a defeat, but as a glorious hailjinger of victory, 
that, notwithstanding the timidity of politicians 
in Ohio, two hundred and sixteen thousand 
freemen dashed away their prejudices, and 
voted for sulfrage ; not as a defeat, but m the 
herald, the .lohn the JJaptist, the " prepa'/e-ye- 
Ihe-way" of speedy, glorious, and final victory. 
The shortest w:iy to reconstruction is the 
simplest, the plainest, the easiest; and the only 
way is the straightforward road to the impartial 
and equal rights of all men. 

I believe in a special providence in the alTairs 
of men as well as of nations. I believe, coloni- 
zation, emigration, and the march of empire 
having completed the circle of the globe, that 
uf.on this North American continent, between 
th(i Atlantic and the Pacific, is to bo "Time's 
noblest empire— the last." 1 believe that this 
is the chosen nation of Heaven, where the 
experiment of the self-government of man is 
to be made. 1 believe that light from Heaven 
blazed along the pathway of the iMayflower, and 
guided our fathers through the stormsof revo- 
lutionary jjreparation to tiie Declaration of 
Lidependence. 1 believe that God meant that 
we should highly appreciate our privileges by 
making them cost dearly ; I believe that He 
gave us slavery, with ail of its accursed ugliness 



16 



and deformity, as the appalling contrast to the 
beauties and blessings of liberty. I believe 
that He thrust across our path the Ethiopian, 
that we might learn that all men, without 
regard to color or the accident of birth, are 
brothers, and that of one blood are all the peo- 
ple that dwell upon the face of the earth. I 
believe He gave us Lincoln as He had given us 
Washington — Lincoln so good, so grand, and 
so great — as an example for statesmanship, 
and that from his martyrdom should spring the 
seed of the church, the gospel of liberty, and 
human rights. 

And, in a word, that in all these providences, 
sad experiences, fearful wars, prejudices of 
caste, virtues, and wickedness of rulers, " God 
moves in a mysterious way His wonders to per- 
orm," and is leading us through the red sea of 
trouble and the wilderness, to a bright Canaan 



of national deliverance. Having solved the 
problem of the ages, the equality and brother- 
hood of the race of man, and vindicated hia 
eternal justice, this nation will move forward 
in the van of material progress and Christian 
civilization, and scale height after height of 
power, glory, and grandeur, such as no people 
in the world has ever yet achieved. 

Mr. President, I have not gone one solitary 
step further than I thought it was necessary for 
me to go for the best interests of my country. 
I do not antagonize the Republican platform. 
I leave the question of suffrage where the Con- 
stitution leaves it, with the States in the first 
instance, but I reserve the power to the Con- 
gress of the United States, contained in the 
Constitution of the United States, by laws 
necessary and proper, to see that every State 
has a republican form of government. 



SPEECH 



O F 



SENATOR YATES 



AT 



SPEINGFIELD, ILLINOIS, AUGUST 23, 1868. 



[From the State Journal.] 



IMMENSE REPUBLICAN RALLY— GRAND RECEPTION OF HON. 
RICHARD YATES---THE LOYAL MASSES IN COUNCIL— TAN- 
NER CLUBS AND LINCOLN GUARDS— SPLENDID TORCH- 
LIGHT PROCESSION— GLORIOUS NIGHT'S WORK— 
THE DEMOCRACY DISMAYED. 



; The grand Eepublican -rally in this city on Saturday evening last, 
the occasion being the reception of Hon. Richard Yates, Senatoi- from 
this State in Congress, was a splendid success in all respects. Nevef 
since the great Lincoln demonstration in 1860, when thousands assem- 
bled here from all portions of the State, has so magnificent and en- 
thusiastic a scene been witnessed in this city as that of Saturday 
evening. The immense crowd not only filed the entire street, from 
"Washington to Adams streets, but extended on the west and east side 
of the State House square, and east on Washington street to a con- 
siderable distance. In addition to these, large numbers of persons 
assembled in the State House park, in the rear of the stand, while 
some ambitious individuals, who were determined to hear the speech 
of Illinois' honored son, ascended the trees in the park for that pur- 
pose. The scene was magnificent beyond defecription ; the immense 
crowd of intelligent and loyal men — the long procession of tanners, 
in neat uniforms, with their flashing torches — the beautiful uniforms 
and shining arms of the Lincohi Guards — the waving banners and 
streamers, and the light of many transparencies, presented a picture 
surpassingly grand and beautiful beyond description, requiring the 
pencil of an artist to fully portray. So large was the crowd at the 
time the speaking commenced that probably not over one-third of the 
^assembly was within the sound of the speaker's voice. 



DELEGATES FROM ATLANTA, LINCOLN AND EMINENCE. 

The regular train Iroin Cliicngo, at tour t'orty-five r. m,, was crowded 
with the delegatt^s from varioue phices along the line of the road as 
far north as Atlanta. Upon this train came the Lincoln Guards, in 
their neat Zouave uniforms, commanded by Capt. Henry Sturges. 
The Atlanta Tanner Club, commanded by Capt. Hunt, and the Emi- 
nence Club, commandiMl l)y Capt. Applegate. These clubs also wore 
the Zouave uniform, and made a splendid appearance. The drill and 
military bearing of the Lincoln (luards showed them to be old 
-■jreterans. 

V. The delegations were met at the Chicago and Alton depot byaCoJil- 
mittee of the Young Men's Republican Club of this city, and escort- 
ed to the Chenery Tlouse, where quarters had been provided for them. 
After partaking of refreshments, the respective clubs were then waited 
upon by the Committee of Reception, consisting ot Col. John Logan, 
Samuel .Toiles, Esq., (ilenertd .T(»hn Cook, Col. John M. 8nvdor, A. 
Orendortf, Esq., Col. Speed Butler, and James Gallaher, Es(|., and 
the various Tanner Clubs of this city, and forming into line, marclied 
to the depot ot the Toledo, Wabash and Westcn Railroad, to await 
the arrival of Senator Yates and the delegation accompanyiuir hini 
fi-om Jacksonville. . ;, vv '.•: iaouhu 

DELEGATIOlir FROM .TACKSONTILLB. 

The train from Jacksonville hove in sight at about half-past seven 
o'clock, bearing Hbn. Richard Yates Sitid the Jacksonville Tanner 
Club, numbering about HVe hulidred' rn^ii, and a delegation of the 
citizens of about the same number. The appearance of the train was 
both novel and interesting. Five hundred torches gleaming from the 
car windows, as the train approach(Ml, was indeed a l)eautiful sight, 
such as was never before seen in tins or any other city, and called 
forth the most uproarious applause from the immense concourse of 
•people assembled at the depot and vicinity. On the appearance of 
Senator Yates upon the platform of the cars the cheering was tre- 
mendous, tie was received by the Committee of Reception and the 
various Tanner Clubs. 
•I' A procession was then formed in the following order: 

ORDER OF FROCESSION. 

Butlbr's Band. 

Lincoln Guards. 

Senator Yates and Escort. 

Committee of Reception* 

Jacksonville Tanners. 

Atlanta Tanners, 

Eminence Tanners. 

Springfield Turn A'^erein Reform. 

Springfield First Ward Tanners. 

Second Ward Tanners. 

Third Ward Tanners. 

Fourth Ward Tanners. 



^ The procesRioii, with tininiiig torches, tlien murelied to the Poiiild of 
fine mm\c to the Leland Hotel, where Seiintor Yntes^ tlie roniniittee 
^ of reception and a nimd)er of invitcMl irnostR Ktopjicd for rcfreRhinents. 
^( Tlie h»ng procesRion then filed pant the hotel, each oritanization rciid- 
'^■^ in£^ the air with hi8ty cheers for him they had aRKcjiilik-d to honor. 
'^ The procesRion then inarched with ntilitary ])r(>cision througli tlie 
'^ principal streets, peHorniinir a nmnher of heantifnl evolutions, which 
jj5 displayed the splendid appearance of the cluhs to the best advantaf^o. 
v; Everywhere along; the line of march they were hailed) with cheers by 
" the spectators who crowded the sidewalks, while from window and 
balcony fair ladies cheered on the boys by the waving (,f handker- 
chief's and gracefnl signs of a]>proval. A ninnber of residences were 
brilliantly illmnitiate<i, whih^ numbers of parlors were thrown open in 
welcome to the city's honored guests. After parading for alunit an 
hour the procession marched to the speaker's 8tand,.wlaiGli had been 
erected in front of the Court Hou^e. ' ■'" m- iioi-itnq > .1 I ,ii,i ■ 

"•' The appearance of the procession, wliich was one' of the l«f'gest 
■which has been seen in this city for many years, was magnificent be- 
yond discription and elicited the admiration of the thousands tliat 
witnessed the line of march. The evohitions of the procession of 
Tanners, pei-formed under the Chief Marshalship of Col. W. I. Allen, 
commander of the regiment of Tamiers of this city, were very fine, 
and highly creditable to the milital'y and the Various clubs. After 
going through the "Circle March," which displayed the various 
transparencies and banners to the best ad vantage, the ])rocession lialted 
in front of the stand, or as near as they could be fbrtned in order. 

At this stag(^ of the proceedings Senator Yates and Gen. John M. 
Palmer appeared upon the speaker's stand and were received with 
cheer upon cheer. Never was a reception more entliusiaBtic than that 
extended t(» these distinguished individuals. ''i 'lU /loilrn -^rl) o; fur; 
After the cheering had subsided, Colonel John Logan wais ap- 
pointed president, after which General J(»hn (Jook, a member of the 
committee of reception, delivered the following reception address: 

SPEEOn OF OBN. COOK. 

Senator Yates, I feel sensible of the honor conferred upion mo this 
night in being permitted on behalf of the Young Men's Republican 
Club specially, and generally to the citizens of Sangamon county,, to 
tender to you — Illinois' favorite son— a hearty welcome to our midst. 

Your presence here revives afresh the pleiisant memories of , the 
past, and I do not flatter when I assure you that the name of Kicliard 
Yat^^s — a household word, not only in the State of Jlliuois but in every 
loyal family of the nation— is as <lear to us as your own warm and 
philanthropic heart could desire, and the loyal i)eople (»f old 
Sangamon (for whom and in whose name this cordial greciting is ten- 
dered you) ever jealous of your good name Jlnd patriotic deeds, stand 
ready to-day, as in the past, to accord to you the mr;ed of praise 1,1/ 

Being disinclined to take to mys<!lf the time that should be allcrtfed 
to you on this occasion, alone prevents me from recurring to the suc- 
cessful, steady steps you have taken in a patriotic caroei* towards the 



goal of your laudable ambition, which has endeared you to the hearts 
not only of lUinoisaiis ])ut of the whole nation, whose contidence and 
affection yon this day enjoy. 

JNcvertheless, I cannot "resist the temptation to allude to the bold 
and unliinching stand you took in opposition to those who would have 
smothered human liberty in its very cradle ; and when all eyes were 
turned toward you as the champion of the great principles upon which 
this nation was destined to stand or tall, you did not hold them long 
in suspense, but at once became the lea<ler of a party whose end and 
aim was to resist to the last extremity the aggressions of a slave-hold- 
ing aristocracy which was straining every nerve to accomplish the 
destruction of our free institutions and to rob us of the last remnant 
of our precious and blood-bought liberties. 

Yonr position at that time was by no means a popular one, but 
public opinion, under your plastic hand, and the irresistible power and 
matchless patriotism soon moulded itself to the wants and exigencies 
of the hour, and liberty, so long but a sounding brass and tinkling 
cymbal, became a grand reality. 

' We are here to welcome you to-niglit and congratulate you that so 
much of the aim of your ambition is accomplished. 

We are proud of your name and fame (both at home and abroad) as 
a statesman and a philanthropist. 

We welcome and honor you to-night for the taithful manner in 
which you have discharged the onerous duties that devolved upon you 
as the chief executive of this State during four years of rebellion, and 
although worried and annoyed by hostile legislation, sympathizing 
with treason, you yet found the means of saving the State from the 
vortex that threatened, and by your constancy and fidelity gave her 
a front rank among the loyal' States of the Union, preserving to her 
and to the nation the principles of universal liberty. For this and 
much more we thank you. 

'ji; The record of your'public lite, extending back through a period of 
-.more than a quarter of a century, embracing a time when it tried 
men's very souls, is fresh in the memory of all. Always true to the 
principles of the great party you have represented, with a heart over- 
flowing with patriotism and philanthropy, your maintenance of the 
rio-ht and fearless condemnation of wrong, with no stain upon your 
fa?r escntcheon, has endeared you to the hearts of the people of the 
great State of Illinois, and I am assured that I speak the sentiments 
of the loyal inhabitants when I say that, next to our martyred Presi- 
(Jent^ — the immortal Lincoln — you occupy a place in their affections. 

Identified with that great and good man, whose fame extends 
throughout the civilized'world, and whose memory will only cease 
when'the last decade of years shall have been numbered, and time 
shall be no more. I say' identified with him in the successful efforts 
of the government in the suppression of tlie wickedest- — the most un- 
justifiable and diabolical rebelHon ever known to the world, your name 
will shine with his on the immortal page. 

We of Sangamon, yes of the whole State, are the custodians of his 
sacred ashes — an honored and holy trust. You are this day the cus- 
todian of the honor of the Commonwealth of Illinois. As in the 



5> 

past so in the future— be vijTilant and faithful, and fresh leaves will be 
added to the laurel wreath with which the loyal people of Illinois have 
adorned your maidy brow, and which will remain fresh and green 
when your disembodied spirit shall have entered the blissful realms 
of eternity, and your mouldering ashes find a resting place in the 
silent tomb. Your name will live in the hearts of youi- countrjmen, 
and generations yet to come will rise up and call yuii blessed. 

At the conclusion of the address of welcome General Cook, for- 
mally presented Hon. Richard Yates to the vast assembly. IJi.s ap- 
pearance was greeted with tremendous cheering which extended far 
down tlie line, until only faint echoes were heard from the extreme 
outside limits of the vast crowd. - 

The cheering having subsided, Senator Yates proceeded to deliver 
the following eloquent and able speech : 

SPEECH OF SENATOR YATES. 

Fellow-Citizens : — The first question which is naturally and neces- 
sarily suggested by this occasion is: What is the meaning of this 
magnificent demonstration '( Why are so many uncounted thousands, 
whf»m no man's voice can reach, assembled upon this'occasion ? Why 
do I behold an illumination before which the stars of heaven grow 
pale? Why such an assembling of the old and of the young? Why 
an enthusiasm such as we have not witnessed since Grant planted the 
stars and stripes upon the vanquished towers of Kichmond ? (Ap- 
plause.) The answer is plain. . It means, fellow-citizens, the preser- 
vation of the government, the triumph of constitutional liberty, and 
the election of General Grant to the Presidency of the United States. 
(Applause.) It means, foUow-citizens, that the able and gallant 
8oldier and civilian. Gen. John M. Palmer, shall be the next Gov- 
ernor of the State of Illinois. (Applause.) It means that under your 
triumphant standard bearer. Gen. John Cook, old Sangamon county 
will stand redeemed, regenerated and disenthralled. (Three cheers 
for old Sangamon.) 

Fellow-citizens, to say that I am surprised by this demonstration, 
that one [so humble as your humble servant should receive such a 
magnificent ovation as this, is to express but little of the emotions 
which now swell and agitate my heart. As Gen. Cook has just said 
to you, my first home in the State of Illinois was in the city of Spring- 
field. It was no city then. It was over thirty years ago. I attended 
school in a little frame school house just opposite where the American 
House stands. I went to school to your former distinguished fellow- 
citizen, John Calhoun, who used to say, very humorously, when we 
were the candidates for Congress against each other, " Dick Yates 
was a very bad boy when he was at school, when I used to thrash him 
well, and I intend to thrash him in this canvass." He had those 
peculiarities which pertain to our common human nature, but he was 
a man of fine and generous feeling, and of many noble traits of 
character. He sleeps now upon the beautiful plains of Kansas, be- 
neath the sod of the valley — he rests in pea<ie. 



HIS OLD FKIENDS IN SANGAMON. 

Gjon. Cook has l>ruui:;lit to my aiiiul lueniories wliieli are indeed 
very ploasaut to nie. If there is anything that can i;ive consoUition 
to the human Ijoart next to the lovo of wife luul dnldren, and the 
eonseioiisness of tlie favor of God, it is the good opinion ol one's 
feUow-nien. For over thirty years I rcniembor but as ot yesterday 
the companions of my youth in the city of Springliohh Then where 
the capital now stands was a deep ravine, and there wore but few 
houses near the spot where we now stand, and the prairie around was 
an uninhabited plain. But Springtield is now a city ot no snnill pro- 
pt)rtions, and within the Hie of many who now hear nie, is destined 
to be tlie proud capital of a iState of ten millions of people, and her- 
self the resident'c of a hundred thousand human souls. I say I 
renuMuber those associations — I remember the llawleys, tlie Butlers, 
the Mathenys, the Irwins, the Francises, the Williamses, the liern- 
dons, tlie Joneses, the Jaynes, the Bunns, the Conklings, the Chatter- 
tons, and a host of others who were the eonipajuions of my youth ; and 
fellow-citizens, will you allow me to say that 1 remember them as the 
friends who have protected mv own name as they would that of their 
own chiKlren. i^Applanse.) Yes — from the rage of malice; from the 
tires of persecution, amid sunshine and sti>rm, in the hours of pros- 
perity and of adversity, I have been their child, the ward of the pei^ple 
of Sangamon county. Tiiey liave nursed me iu my infancy — they and 
my own county ga\e me my start for the positions which 1 have held, 
and to them I am indebted for twenty-seven years *.»f uniuterru})ted 
political life and promotion. And fellow-citizens, if I ever t'orget them, 
if 1 ever tail to use to the utmost of the humble faculties and powers 
with which Ciod has endowed me, to be worthy of their contidence and 
esteem, then may my tongue lose the power ot utterance and this hand 
fall palsied at my side. (Applause.) 

lellow-citizens, magmticent as your demoitstratiou is to-night, 
s]^lemlid as is your ovation to your unworthy servant. I shall not 
alK>w it to excite my vanity, but it shall inspire me to a moiv deter- 
mined perseverance, to a greater industry and to higher achievements, 
tliat 1 may continue in the tvntidence, the love, the memory, and the 
regard of my fellow-citi/.ens. 1 care not for world-wide fame; 1 would 
sooner have my name written in the memory and atfection of my 
neighbors and friends than to have it written iu stars upon the blazing 
tirmament o( heaven above us. 

Anil now, after nine months of weary absence, I come back to you 
M'ith the same principles and the sanie tiiith with which 1 left you. 
You have known me tor thirty years or more; you have known all 
my lanlts and :dl my weaknesses, and you have stood by me. But now 
1 am to vindicate myself in one regard, and that is tJiis: that, what- 
ever may have been those weaknesses, or those faults, however much 
I nuiy have failed, yet on all occasions in the Legislature of your 
State for eight years, in the House of Kepreseiuatives of the Inited 
States for four years, as Governor of your State, and as your Senator 
in Congress, I have ever been true to the principles of human fi-eedom. 
(Great applause.) I have been forever true to the undying, immortsU 



% 

principles of universal and iiidLvidual linmau liborty. (Api)lause.) I 
have ncvor concealed niy()i)ini(>ny. 1 have nevcsr williii<;ly or k.iow- 
inglj turned my back upcni a Iriend. 1 have never tludgi-d u question. 

THE HUFFRAOR QUKSTION. 

, "When T have been asked whetlier I was tor suHVage or not, T have 
spoken for myself; 1 have answered that I am for equal riji;htB, for 
American citizenship for every man twenty-ono years of at^e, from 
whatever country, or wlierever bprii, or of whatever color; lam for 
the enjoyment of eunal rights by every man and by every American 
citizen ; I am for suffrage in the south aiul in the iiortii, and every wlire. 

I do not stand back l)uincd and friglitcned; I do not intend to let 
"Wade Hampton and Seymour and Ijlair snatcli from us that loyal vote 
which stood by us dui-ing the vv;ir, and which Hashed two hundred 
thousand bayonets in the face ot Jeff. J)avis and his hosts. (Applause.) 

The last speech which I made in the Senate of the Unitcid States 
was' for the protection of the American citizeji abroad. The Congress 
of the United States })asse(l a law tor which 1 voted and for which I 
spoke, proclaiming to all })rin('ij)alitit'8 and powers that every Ameri- 
can citizen, wherever he may have been born, whenever he swears 
allegiance to the government of the United States, or declares his in- 
tention to be such, that lu) power in this world, upon any continent, 
island or sea, shall deprive that citizen of his rights as an American 
citizen, (great applause,) that wherever he can point to the flag, or 
wrap the old Hag around him, it shall be the shield of his protection, 
and that the power of the United States shall defend him wherever 
he may be and against all the powers of the world, (Apj)lauBe.) 
This is the kind of e<pud rights for which 1 have always contended, 
and for which 1 shall ever contend ; and I defy any one to say that I 
have ever given a vote or uttered a sentiment against human liberty. 

We have had an eventful ox])ei-ience. While a member of yonr 
Legislature I recollect that I introduced a resolution for the abolition 
of the slave trade in the District of Columlua, for up to the time that 
I took my scat in the (Congress of the United States, men and women 
WCJ'C sold upon the auction block in the caj)ital of the nation. If I 
remember arignt that resolution only received four votes ; but thank 
God, I have lived to see the day when the principles for which 1 then 
contended — for the al)olition of slavery in the District of Columbia, 
for the re])eal of the fugitive slave law, for the abolition of the black 
laws in this State— 1 have lived to see those ])rinciples gloriously 
triumph on every hand. 

And, fellow citizens, it would do your hearts good now, to see, in 
the city of Washington, the loyal black poi)ulation there, with their 
schools and colleges and churches ; to see them go to the polls with 
clean white ballots with the face of Old Abe U])On tiiem, and place 
them there to defeat the traitors and copperheads who have so long 
triumj)hed in that city. 

And it was a peculiar pleasure to me to see your Legislature in 
1805, when we had elected a Ueinii>lican Legislature, at re(iuest made 
in my message, sweep from your statute books with a resistless hand, 



those black lai;\-s l\v which the negTO, for small offenses, or for no of- 
fense at all, except to answer to the prejudice of some copperhead, 
was imprisoned and sold at the block. (Applause.) 

HIS OOl'KSK AS aOVERNOB. 

When I was made your Governor, fellow citizens, it was a time o^ 
profound peace. We anticipated no warand no difficulty. 1 expected 
to have rather a clever, easy time of it to be the Governor of 
the proud State of Illinois, with nothing to do but to sign the com- 
missions of justices of the peace and notaries public, and pardon men 
out of the penitentiary, and perhaps make a visit to Europe in the 
meantime; but from the day Avhen I was first inaugurated, during the 
four years I had to be your (rovernor, 1 spent maiiy weai'y days and 
sleepless nights. I do not regret it. 

Others might have performed the dut}' more ftiithfully and to your 
satisfaction than I could have done, (cries of "never,-') but I do not 
regret it. I do not regret that in the providence of Almighty God I 
was called upon to be the Governor of' the State of Illinois from the 
commencement to almost the end of the war. 

I do not regret, fellow citizens, that I raised two hundred and fifly- 
eight thousand troops in the moi?t Siicred cause of God-given liberty 
and humanity ; troops who covered themselves all over Mith glory 
upon more than five Imnd red battle fields of the war. (Applause."^ 

I do not regret it, fellow citizens, that I myself stood with General 
Grant amidst the roar and thunder of battle. I do not reuret that I 
called upon the citizens of the State of Illinois, upon her noble 
matrons and her beautiful maidens to send to the tu'ave soldiers in the 
field all the comforts and luxuries within their reach. 

I do not regret it that I went to the field of battle and brought 
home the sick and Avounded, and I do not regret it, fellow citizens, 
that when traitors assembled in the capital of the state, and passed 
resolutions against the war, that I sent them howling to their homes. 
(Tremendous applause.") 

There is another thing I do not regret. In the executive chamber 
up tJiere. which is, now so ably filled by your gallant and glorious 
Governor Oglesbv, (applause,) and' which is soon to be filled by your 
no less distinguished, able and gallant soldier. Gen. John M. Palmer, 
(great applause.) I do not regret that there I issued my proclanuition, 
appealing to the patriotism of the people of the State of Ilbnois, after 
our flag had been fired upon and m^^ had been forced into a war 
which we could not avoid and which we were bound to fight for our 
national preservation — for after we had been struck we were forced 
to strike back again. I do not regret that, in that executive chamber, 
where I issued my edicts against traitors and copperheads, (great ap- 
plause.) this feeble hand signed the commission of the world's great- 
est connnander, L\ S. Grant, the next President of the United States. 
(Tremendous applause. ) 

HESULT IF DEMOCRACY TRIUMPHS. 

The occasion; fellow citizens, upon which we m^eet to-night is one 
of remarkable interest. We are nere to fia'ht the same baUle w^hich 



9i 

OUT brave boys in blue foudit — as th(;y horci our uuconquered banner 
and planted it upon every Btronj^hold whence nihol liaTids liad j)nl](!d 
it down. (Applause.) It is the Buine lij^ht now, between ]>atriotiKm 
and treaBon. Ah Steplien A. Douglas remarked, "there are but two 
parties in this country." Patriotism on the one band and treason on 
the other. (Applause.) I wish to say to you to night, tellow citizens, 
tbat the trium])h of the Northern Democracy in tiie next election 
would be the triuntph, of the rehelli<m, ; it would be the re-opcning of 
every question which has been settled by the war; it would be placing 
in power again the Toombses, the Wade liainiitons and the Fori(;sts ; 
it would place these men again in the Senate and iictuse of Represen- 
tatives, and they would resume their ancient sway over the destinies 
and liberties of tin's country. Yes, fellow citizens, it would be placing 
these, the men who worked and wrought for your country's murder, 
men who filled our land with the weeds of mourning for our lost and 
loved ones ; men who by starvation — dov) starvation ^ of our young 
men and our old men, in tlunr dens and prisons of Andersonville and 
Bell Isle, by piracy and plunder, by arson and by murder; men who 
by every cruelty and barbarity shocking in tlie eyes of God and man, 
compassed the life of the nation and aimed to overturn the govern- 
ment. Fellow-citizens, 1 arraign the Northern Democratic party as 
the men who are responsible for the war ; for tbe blood that was spilt 
in the war; for the treasure that was expended in the war. There 
was no time before the war commenced that the Northern D(!mocra»ie 
party migUt not have prevented it altogether. (Voices — "that's so !") 

DEMOCRACY KESP0N8IBLE FOR TAXATION. 

And they now call upon you, and complain so loudly of the taxes 
wbicb they never pay. (Laughter.) They are the men who are re- 
sponsible, wholly, entirely res])onsible, for the war which the c<»untry 
has had to figlit. They were in power, and, with Buchanan, said in 
Congress, in their mass meetings, in their national conventions, at their 
firesides, upon the streets, e'otrywhere^ that the government of the 
United States had no power to coerce a seceding State. They fur- 
nished the South its leaders during the war; they furnished it aJl the 
aid and sympathy necessary to resist the power and authority of the 
United States government, and I say to you now, fellow-citizens, 
before God, that the rebellion could not have stood upon its legs six 
months but for the encouragement, the aid and sympathy it received 
from the Northern Democracy. (Cries — " Yon are right 1" and great 
applause.) 

They talk to you about debt and taxation. Tell them to produce 
their receipts to show where they paid one single dollar of the public 
debt. How many of you has Gen. Logan and the other officers, col- 
lectors and assessors, or anybody called upon to pay any part of the 
public debt? He calls upon nobody who does not receive more than 
one thousand dollars income; and those same men who pay the taxes 
never grumble. But these poor, miserable creatures, who pay no taxes, 
who belong to what we call the Seymour Democratic party, (laughter 
and applause) and who suffer so amazingly from these taxes which 



10 

they never pay, they cry out "bloated bondholders !" Ask yourselves 
how many of you have paid any part of the national taxes. Who 
have paid it but the bondholders and the men of wealth and capital 
in the country ? "We do not propose any system of Democratic taxa- 
tion by which we will tax everything equally ; by which we will tax 
the poor man's cow when we tax the rich man's 2,'old watch. But the 
Democratic policy would tax the poor widow's cow, instead of allow- 
ing her the exemption which has been given by the Republican Con- 
gress, that she shall not be taxed unless she receives an income of 
more than one thousand dollars ; the poor widow who has given her 
husband and her son to her country, and they perhaps sleep beneath 
the sod awa}' down upon the banks of the Cumberland or Tennessee, 
upon the heights of Mission Ridge, or in the swamps or bayous of the 
confederacy. Why, my fellow-citizens, look at this! I trembled for 
a time for fear I might have to leave the Republican party upon this, 
question of taxation, !<> bovol 

HOW THE DEBT WAS MADE. 

Now how was this debt created ? I tell you fellow-citizens it was in 
self-defense; in the preservation of the life of our nation. We were 
struck and we had to strike back again or give the nation up. 

Our flag was fired upon at Fort Sumter. These traitors left the 
Congress of the United States and went out to organize a government 
of their own. 

They set themselves up against the government of the United States 
which they had sworn a hundred times to preserve, maintain and 
respect; they organized civil war; tliey made your rivers flow with 
blood ; they saturated the very earth with the blood of our murdered 
countrymen. 

It became necessary to prosecute the war. The Republican party 
was in power and they would have been cowardly and recreant to 
every duty of statesmanship, of patriotism and justice and of alle- 
giance to your country unless they had carried on the war. They had 
not the money to do it with. They had to clothe our brave boys in 
blue; they had to feed them; to furnish them with arms and muni- 
tions of war; with tents; to transport them over railroads and rivers, 
and by every sort of conveyance, and the debt which none of us liked 
to make, became an inevitable, terrible necessity. 

None of us like to make a debt, but our government was compelled 
to saj' to our men of capital, our farmers and our mechanics, even to 
our widows and orphans, and any one else who had any money to 
advance, " Come forward, lend us your money, and we will give you 
our note and pay you interest upon it at six per cent." 

Our countrymen all over the land came forward ; they withdrew 
their money, much of which was bringing ten per cent, on mortgage 
securit}^, and lent it patriotically to the government at six per cent. 
Uncle Sam, with his broad hand and seal, signed and stamped these 
notes, and said, " I will pay you every dollar, principal and interest, 
that you have lent us to prosecute this war;" and, fellow-citizens, "By 
the eternal," so far as I am concerned, that promise shall be maintained. 



llr 

The word of a great nation must be kept. If a natibn shall not 
keep its word who may not break his ? 

If I make a debt and give my note bearing ten per cent, interest, 
and if the government break its word as the Democratic policy would 
have it do, may not I justly say that I will issue you a note bearing 
no interest, in place of paying my debt ? Is not that repudiation ? 

If I say I will only pay you so much of the debt, is not that repu- 
diation ? And shall the government of the United States thus forever 
blacken its escutcheon, and dishonor its flag by instituting national 
repudiation? Never, no, never ! (Applause.) The Democratic part}"" 
which has always been for gold, for a hard metal currency, for " Tom 
Benton mint drops," and which opposed the issuing of greenbacks 
when it was necessary to carry on the war against the rebellion — that 
same Democratic party all at once are in favor of a greenback currency. 
(Cries of "graybacks." Yes of a grayback currency. (Laughter and 
applause.) 

They said once, that when greenbacks should be issued they would 
not be worth flfty cents a bushel ; suppose now, they should issue 
three times the amount how much will that currency be worth to the 
people of the United States — to the farmers and mechanics ? 

But I have said, fellow-citizens, that the triumph of the Democratic 
party would be the triumph of the rebellion. 

Do you suppose that after the Northern Democracy have called 
upon the Southern Democracy to unite with them to carry this elec- 
tion, when they got into power they would stand up to the payment 
of 3^our national debt to the neglect of their confederate debt? Has 
that been the history of the party? 

Do you you suppose they will stand silently by and see your wid- 
ows and orphans paid their pensions, while their widows and orphans 
are not to have their pensions? 

Fellow-citizens, I repeat it — if you elect Seymour and Blair to the 
Presidency and Vice-Presidency of the United States, then have you 
opened afresh the wounds which have so long been bleeding and 
dividing our distracted country. 

ILLINOIS don't repudiate. 

You all remember well — I refer to it because I was at that time a 
member ot the Legislature — when the State of Illinois became in- 
volved in a debt to the amount of twenty millions ot dollars, incurred 
from the mammoth system of " internal improvements," Mississippi, 
under lead of Jeff. Davis, repudiated her debt, and the Northern De- 
mocracy, the Democracy of Illinois, were also in favor of repudiating 
the debt of Illinois; and I am sorry to say, also, that many of our 
whig friends believed this debt could never be paid. 

We remember that it was at a time of financial embarrassment ; 
that there was no immigration to the State ; all were borne down 
heavily with taxes, and it seemed that the payment of this debt was 
an impossible thing. But, notwithstanding this, as members of the 
Legislature, we came forward and levied the two mill tax, and from 



that very rmSniont tho Statt> ot Tllinois hoiiat\ to pri>spor asi it never 
had prot^pered hetore. 

The pet>ple honestly and taitht'ully sto(>il Uv their contract ; en\io-ra- 
tion bei:;an to come into the State, and the consequence now is that 
Illinois is one of the most prosperons States iti the I'nion, with nearly 
three inillii>ns ot inhabitants; her credit is hioh in every }>art of the 
world — upon the hanks oi' tlu> KMiine, in Kno;hind, and everywhere, 
the bonds of the State o\' Illinois and its honest people, are high, and 
the peoph^ hav(* tionrished, bv the hlessini;- (>f (Ttul, because they stoo*! 
taithhdly and honestly by their ctuitracts. (tod bless (>ur beautit'ul 
and olv>rions Illinois! (^Apphuise.^ The State that stands by her 
faith, the State that keeps lier word, the State that has elected the 
Presidi>nt the two last terms, and the State that will elect the next 
l*residi>nt tVt)m her borders. (Great applause.) 

SEYMOUR AN ANTI-WAK DKMOOKAT. 

i'onsiiler tor a moment who are the cat\didates tor vi>nr votes at the 
approachiuii" election. On the one hand is Sevmour, an anti-war Dem- 
ocrat, a man whenever uitered i>ne solitary sentiment in favor of tlie 
vigvnH>us prosecution oi' the war I 

i)n the fourth ilay of July, Iv^Oi), while he was^ n»aking' a speecli to 
a n4)el cro\nl in the city of ISew York and inquirintj;- satirically, 
reproachfuUv, *' where are your Kepublican victories whicli you prum- 
ised us f On that very day and on that verv hour, on the fourth day 
of July, 18ti;>, Oen. Grant, to tlie tune of " Hail OoUuubia," was 
marcliin^- to plant our glori-'us tUiiC on the towers (>f Vicksburi;. 
((Tivat applause.) At the time when Shennan was struii"i;ling" from 
l)filton and ]Missii>n Heii»*hts and Lookout JUountain, and tm to xVt- 
lanta, amid the roar and thunder, the shot and shell of battltv— throuu-h 
rivers ot bh"K»d — at the very time when the iiallant J'hil. She'-idan was 
sweeping- with his invincible cavalry thr*,>ugh the valley of the Shen- 
andoah -at the verv time whou Cu-ant was struggling in the Wilder- 
ness, when unseen foes n\et him on every hand, aiul batteries frv)wned 
on his onwarii march, and our brave boys tell in uncounteil thousands 
— at the very time when the South expected intervention from Euii'- 
land, to aid her in the triumph of the reoellion — at the very time M'hen 
Old Abe, thi\>ugh the long watches of the wtvary night, in his execu- 
tive chamber at the capital of the nation, with loni>- strides paced the 
halls of the white ho\ise, anxiously awaiting disi>atches frv>m the army 
—at the very tiuu>, on the 4th o( July, 1S(»4, the democratic parry, 
ivpresenting every State ami Territory in the Union, were assembled 
in Chii'agt.>, and were pivsided over by t-lns Horatio Seynunu', and 
tliey sent words of oheer to the enemy and worils of disevuiragement 
to the hearts ot our Imive boys in blue, and in all the forms ot' parlia- 
mentary piOit>eding tliey }Kisst\l that resolution, written with tlie black 
ink of treason, vleclaring that the war was a failure, and demanding 
the t«t\^SiUion of hostilities. This is the candidate— the aitti-war can- 
didate that is pivsented for your sutfrages at tlie approaching election. 
In that v«ry speech made by Seymour, on the 4th of July, he argued 
the unconstitutioi\alitv of the draft, atul it was there that he incited 



IS 

i.\u: I'L.r lliul, took |,|;ic,r ciulil, (liiyri ii\]i-f, wIkMi |.o.,r cliiM H'-ll VVIil'O 

ImiiimmI I<.(|(.;i1,li |,y ( ^.ppcrliciulH i 11 I li.-.ir iih y I II iiiH wIkui IIh! hl,i<M;l,H 
of New Voik run willi llio l,loo(l ol rnon, w/.iiicn und oliildnui. 

VVIiJif,, tli(!U, did yoiii- horriooniUc fjiiiididni,<-, lor t|„, |'r<,hid(ri)cy do ^ 
1J(! w<'iif, to that inolj, and lit) Haid, "My IVioiidh, (hiii^r|,t«,r) liold Mtill; 
rotmii to your Iioiuch; w(3 can aMHoinhIc you wlMuioviir you cIioomi. J 
have, t(d('^iaj.liod to tlio I*rcHid(Mit (.1 tl'n! Ifnitctd Htui.M m. pohlpoiio 
the (J rail until wo (;an havo a (Jciftihion ol Mio HupHMno (Jourt, to huy 
wiietlictr tli(! (Jralt iw (toiiHlitiitional or not." Old Aim Maid ho' would 
hav<! th(j draltj Ihcy mij/'lit try tij(} CJoimtitution allorwardh, il' thuy 
wanted to. Now, ttdlow-<'itiz<iiiH, altor that ti\H'x;ii\i of (iovcrn<u' Kuy- 
iriour, at Oooper'H JuKtitiilc, in Now Vorlt, 1 naid whihi 1 wan (iove'r- 
nor of the Stat»! of illinoii,, thai, il 1 had ht;oii (Trovornor of tiio Htato 
of JNow Yoi-k, hoforo 1 would liav(; a<ldn'HHod that nnirdoiwaiH hanii of 
traitorn aH my friondn, an<l tirlc^'raphed \.<> Mr. J.incohi to Hto). tiio 
draft, 1 W(»ul(l hav(! H(M!n Now York'w proud j^alacoh laid in aidiOK 
und Wall HtrtiCt ami l>roadway runnin}^ (Joop with hutnau .uuva. 
(ApplauHo.) ,., ,, , 

Wlutn Mr, iJncoln U-Ai:^ni\Annl to Mr. lS(;ymour, /ift<M;n dayn htforf; 
the battle of Antietam, for troopH to prevent tin; rchel army from 
iiiarehin/_^ uj>on l-*hilad<!lpliia and New Vork, ami when any o!her 
Joyal <ioverji(jr Irom hucIi a Slat<i an New Vork would hav(5 hcnt lifty 
thoUHumJ volunte(!rH to htom the reh<;l aimy, alter the hattle wuh ovity, 
Mr. Seymour Kent ten thoiiHand men, who <iid not get tiKjro till after 
tim hattle. 

TIIK HO/J)JMiH I'Olt (ilfAN'l'. 

Now, lellow citizeuH, J hav<; lold you that 1 did jiot ref(iet that I 
waB G<*v«;i'nor oj' the Slate of illinoih during the eventful j>eri(;d of 
the war, hut 1 tell yi)U amAhei- thing that J idiall regret, i hhall regr(:t 
that any hrav(; hoy in him; who [im ahhihted in ]*laeing our proud Hag 
ov(jr .Jeff. JJavin and the liohtH of treakon, blioiild vot<; lor thih anti-war 
Deinof;rat, aH Oj>poHed to that patJ'iot and hero, (General Grant. Now 
I want to tell Huch a Holdiei-, If he in h<;re, that if he votcH for Grant 
ho Id voting on the Hide ior whieh he fought— for the j)rt?»ervation of 
the litjion; and if he dfiew not think feo, I want to tell you how huatiti 
undeecjive himK<df. I will give him an inl'allihhj hoeeilie, a r<;tne<ly hy 
whieh he may uudee(;iv(; hiniKell. It iw not that 1 tell you that you 
vote agaiuHt your count i-y and on th(j h'uUi oi' traitorn ij' you vote ibr 
Seymour ai) J Jilair; hut this in my Hpecilic. 'r<<-morrow morning, 
my hrave young frien<i in hlue, when you get u\>, raihe your eoht 
window, and look out ujion God'n gloiioug i*an m he riwoh in majejity ; 
hjok o\it ujjon all the grandeur of crention, and then, when your brain 
m cool, and your heart in homint, look int(^ your looking glahhaiid you 
will «ee a man there; look him ht<;adily in tJie eye a/id tell iiim that 
when yoii vote for lilair and Seymour you ar<; voting nj»on lh(; hide 
for which you fought, and there i^i Momething in the <;ye of that fellow 
ill the glaHH^that willnay to you " Von lie. and you know itl" ((jreat 
applauhe.j 



14 



EQUALITY. 



Now, fellow-citizens, you say that we are in favor of negro supre- 
macy. I never heard one of us say so — never saw it in a republican 
newspaper — never saw it in a resolution of a republican caucus, that we 
are in tavor of negro srpremacy. JSo, fellow-citizens, we are in favor 
of no man^s supremacy in this country. We are in favor of the supre- 
macy of the American people. We believe in the strong common 
sense of the people ot the United States of America, and we are 
willing to be governed by their judgment and by a majority of their 
votes. There is no such thing as equality between men in this coun- 
try. All that we contend for is equal human rights, equal privileges 
before the laws, for every American citizen, whether he may be Amer- 
ican, Irish, German or Portuguese, of whatever color God in his 
providence may have put upon his complexion, that he shall be enti- 
tled to equal rights. Talk about equality. How many of these cop- 
perhead orators would you have to boil down to get the essence out of 
them to make a man equal to John M. Palmer (^ (Great applause 
and laughter.) We nniy suppose an eagle to tiy a thousand miles a 
day, until he reaches the sun or the highest pinnacle of space, and he 
never would reach that high elevation from M'hich Fred, Douglass 
would not look down upon one of these modern democratic orators. 
(AppUiuse and laughter.) The laws cannot make men equal. 1 say 
to you, my brave boys in blue, if von have got my commission, and 
if you are going to vote for Seymour and Blair, and for John li. Eden 
for governor, for Almighty sake give it back to me. (Great laughter 
and applause.) If any boy in blue who has fought through the war 
could vote for the anti-war democrat, Seymour, and against that old 
Illinois hero and patriot. General Grant, or for that stay-at-home 
John R. Eden, against the gallant soldier, patriot and statesman, Gen. 
John M. Palmer — that man, it seems to me, could stril^e his grand- 
mother in the tace. (^Great applause.) 

RECORD OF GRANT. 

AVe present to you as the candidate for your votes for the Presi- 
dent, the name of General Grant. In doing so we expect your vote 
upon every principle of honesty and candor. In the first place, he 
has the confidence of every hone^t man in the country. I repeat it — 
the confidence of every honest man in the country — whether he be 
republican or democrat. Such is not the case with the time-serving 
politician, Seymour. It is said that General Grant cannot make 
speeches. Neither could Washington make a speech. General Jack- 
son never made speeches ; but General Grant has made some speeches 
which, when the wordy rhetoric of Horatio Seymour shall have been 
forgotten, will be recorded upon the pages of history, so long as time 
shall last. 

Such was his speech to Buckner, when he said, "I propose to move 
immediately upon the enemy's works.-' Such a speech was the one 
he made to Pemberton, "Unconditional surrender ;" such was his 
speech at Appomattox, when he said, "I propose a capitulation upon 



.15 

the following terms : the confederate army will stack their arms ; the 
cannon and the munitions to be received "by the officers of the Ameri- 
can army." That speech he made when struggling through the Wil- 
derness, where the hope of Lincoln folh>wed him, when we were in 
doubt all over the country, and when patriot knees seemed to tremble 
with apprehension, when he was opposing the enemy hand to hand 
in that unparalleled struggle ; the speech that came by telegrai)h to 
gladden and encourage Lincoln and the nation, "1 propose to titrlit it 
out on this line if it takes all summer." [Voice, "and he did." "^Tre- 
mendous applause.] 

I am detaining you, fellow-citizens, far longer than I intended. 
(<'Go on — go on.") General Palmer is here, and I know you wish to 
hear from him. This reception goes to the bottom of my heart. It 
is from my old, life-long friends ; from those witli whom I have been 
raised — those who have elevated me and honored me, and I thank 
you for it. 

WHAT THE REPUBLICAN PARTY HAS DONE. 

I have said I was glad I have been the governor of your State, 
although I may have performed my duty in a more inefficient manner 
than others would have done. I am glad, also, that I was your sena- 
tor during the 39th and 4:0th congress. 1 am glad that I belong to 
your glorious republican party, who, wlien the flag was tired upon, 
rallied to the rescue. From our prairies, from our hill tops and our 
valleys, they "rallied around the flag," and they carried it in triumph 
from one end of the land to the other. I am glad that I was a mem- 
ber of the congress that raised, equipped and clothed, and ted, and 
sent to victory the flower and chivalry of our land, to save our con- 
stitution and country from the grasp of the aggressor. I am proud I 
was a member of the congress that raised and equipped the grand- 
est army the world's history has known — that set afloat the proudest 
navy that ever rode the sea. I am glad that I was a member of the 
congress that blotted from the face of our land the accursed system 
of human slavery, (great applause,) so that now, upon every rod and 
inch of American soil, liberty is a living reality. I am glad that I 
belong to that party that derived its principles from the revelations of 
God himself — from the golden rule, "do unto others as you would be 
done by, and love thy neighbors as thyself." I am glad that I belong 
to that party that has lifted up God's down -trodden and long-oppressed 
poor — that has lifted them up to manhood and American citizenship, 
to life and to liberty. I am not sorry, fellow-citizens, that when the 
President of the United States thrust himself between the congress 
of the United States and the pacification of our difficulties, and op- 
posed the measures by which we aimed to relieve the country, the 
freedmen's bureau bill, the civil rights bill, and other measures of 
reconstruction by congress, I am not sorry, fellow-citizens, that as 
your senator I voted for the impeachment of Andrew Johnson. 
(Tremendous applause.) 



116 

AVi: WILL HAVE PEACE. 

And as I now conclude what I have to say, it will be in the Itm- 
giiaii'o of Geii. Grant, "Let us have peace." By tlie triumphant 
ok'ctiou i)t" Gen. Ifrant wo shall have peace. If Seymour i^s elected 
he tells vou his platlorni ; Frank Blair's letter tells you ; Wade 11am- 
tou tells you that the g-overnient and authority that law has established 
{?hall be set a side. What is this hut war? Shall these rebels again 
raise the hand ot rebellion I They threaten that they will overthrow 
the government that has been established by the authority of law and 
nuide by the congress of the United States. Fellow citizens, lam not 
in the habit of threatening, but 1 will not be threatened either, i^great 
applause) and 1 will say now that if Illinois sent 258, uOO men to put 
dttwn the old rebellion, and if Seymour and Fraidi. lUair, and Jell'. 
Davis and Breckinridge, and Tuombs, and tlie murderer Forest— if 
they choose to get up iinol/ur war to overthrow the reconstructed 
government which congress has made, then Illinois will send 5uO,OuO 
men to vindicate again the government of the United States, and that 
war shall not cease until treason shall be abolished trom the thee of 
the earth forever and ever. (^Immense applause.) 

I say, elect General Grant, and we M'ill have peace. I am not for 
a military chieftain simply because /lo u a military chieftain. But, 
fellow-citizens, we are in the midst of war-like times ; the spirit of war 
is in the land. We want a man at the he;id who has been tried and 
never found wanting ; who has fought on a thousand battle-fields ; who 
nnderstjftuls all localities: who has been all over the south; who has 
proved himself Morthy ; a num of strong connnon sense, in whom 
the people have contidence. Elect Grant president of the United 
States and 1 tell yon the last rebel will seek his hole, and then, fellow- 
citizens, we shall have peace. We will have the grandest country 
that God ever gave — a eountrv stretciiing from the Atlantic to the 
Pacitic, intei-spersed by railroads, with sweeping rivers, with deep, 
blue lakes, a soil of boundless fertilitv, a country destined to have one 
thousand millions of hnnum souls, the grandest empire on the globe, 
" time's noblest empire — the last." 

Fellow-citizens, 1 pray you in the name ot justice and humanity and 
liberty; in the name of the common c<-mntry so much loved, and for 
which you have sent the tlower of your population to die; in the 
name of Washington ; in the mnne of Abraham Lincoln — God bless 
his innnortal memory — ^^applause"^ — and against those traitors who 
incited his nmrder — "bloodiest picture in the book of time "; that 
traitorous deed of assassination which sent to death the most loved 
and honoiwl of our land ; the man before whose name let every 
xVmerican bow in reverence : the name before which all the heads of 
civilized powers bow in homage and respect — vote against those mur- 
derous traitors. I say. that took from us o\ir noblest, our purest Lincoln. 
Let us again *' rally routid the tlag," and save our country from the 
spoilers who would overthrow it. 



ttA 



SPEECHES 



OF 



RICHARD YATES 



<»N 



IJational f 0vwii|ut» and f tatc 



iV| ♦ 



IN 



THE SENATE OF THE UNITED STATES, 



FEBRUARY 14 AND 17, 1870. 



WASIIIXGTOX : 

(? H K O N I C Jj E P R INT 

1870. 



Mr. YATES said. Mr. President. I had no intentioi) what- 
-ever of taking? part in this debate until 1 heard the able, 
ehj(|uent and earnest remarks of the; Senator fioin Wisconsin. 
During his speech he made reference to certain political princi- 
ples which I understand have divided politics in this country 
from the beginning of the Government down to this time. 

AH Senators will remember that at the beginning of the 
Government there were two parties ; one party in favor of a 
strong Federal Government, which was denominated the party 
of consolidation; another i>arty in favor of the rights of States 
as such, which party was led by Mr. Jefferson and others; while 
the party which was called the party of consolidation was led 
by such men as Hamilton and others. 

This very question has come very near deciding the history 
of this country. From the foundation of the Government down 
to this time the question has been whether wc- should have a 
National (xovernment or a Government of States. That is the 
only question ; that is the question we are debating now. The 
Halls of Congress ever since the Declaration of Independence 
was promulgated have reverberated with arguments pro and 
con upon this question of National Government and State rights 
It came near losing us the Government amid the flames and 
blood and thunder of civil war. 

Mr. President, as I listened to the arguments of the Senator 
from Wisconsin I could but feel sorry that he had eloquently 
and ably revamped all the arguments in favor of nullification, 
of secession, of State supremacy, as opposed to one grand 
nationality and Government of the United States. He referred 
to Mr. Webster. Now look at the history of Mr. Web.ster. 
Look at what constituted the glory of Mr. Webster. What 
has made his name immortal as the champion of the Constitution 
but as the defender of great national principle — Sovereignty? 
What was Mr.Web.ster's position? It was that if Congress passed 
a law it was not for the States to decide whether that law was 
proper or not. It was for Congress in the first instance to 



4 

(locide whelhor the law was to be the supremo law ol' the land. 
Doesthe Senator from Wisconsin remember the eloquent debate 
between Mr. Webster and Mr. Hayne ? Does he remember the 
glowing eloquence and ability with which Mr. Webster showed 
that we must have one (Government and must not trust to 
thirty, or forty or fifty or one hundred different States to estab- 
lish principles and doctrines for themselves ; that we must have 
uniformity in laws, in the rights of American citizens ; that we 
must have one law for all the people of the United States ? 
I do not mean to deny that there are what are called State 
rights; but what is called State sovereignty is, in my opinion, 
according to the theory of this Government, the veriest humbug 
that was ever promulgated before an intelligent people. There 
is but one sovereignty in the country, or else we are no nation. 
We are not dependent npon the voice of the legislation of thirty 
or forty or fifty dilferent Stntes. I submit that in so far as the 
inherent rights of man are concerned — the righi of suffrage, the 
right to hold office, the right to an equal voice in the manage- 
ment of public affairs, the right to a voice in the selection of 
rulers and in the making of laws — there must be equality 
throughout the whole country. I ask if in these respects there 
should not be perfect and entire equality between citizens in 
every State of the Union; and I ask if we can say that a State 
is admitted ii"to the Union upon a perfect equality with every 
other State if her citizens have rights which are superior to 
those of the citizens of other States ? If, for instance, in the 
State of Tennessee, certain classes of citizens are permitted to 
vote, who are denied the right to vote in other States, is there 
perfect equality in that regard ? I can say to the Senator from 
Wiscousin that if the bones of Mr. Webster turn in his coffin 
at our positions it would rather be to rise in the Senate to con- 
front this heresy of secession, of State rights, this gateway to 
another disunion and another civil war. On the other hand, I can 
say to him that there would be a resurrection of Mr. Calhoun. He 
would leap from his grave to take the band of the Senator from 
Wisconsin in this new war for State rights against the power 
and the authority »>f tin* Federal (Jovernment. 



Mr. President, we have had too much of this question. The 
boundary line between national authority and State jurisdiction 
is a question that has puzzled the wisdom of statesmen and of 
jurists; and we know from practical experience that the assertion 
of State authority has come near involving this country in war 
upon repeated occasions. Mr. Webster was the man who raised 
his potent voice against nullification, saying that a State had 
no right to deny the authority of the Federal Government or 
the power of Congress. Mr. Webster is renowned, if for any- 
thing, for his advocacy of a great nationality, of one Grovern- 
raent, a Government of one people, the States all acting in har- 
mony with it, and attending properly to their domestic and 
municipal matters, and all subject to the one grand authority of 
a great Government, and that the Government of the United 
States. 

I rose simply here to crush in the bud this new uprising of 
secession and nullification, not in the South, but in the North. 
I wish to stifle this Calhounism in the Senate right here, and 
say that hereafter, from this time henceforward, while I will 
not claim that the Government of the United States shall exer- 
cise any unconstitutional power, yet it shall be the supreme 
authority and power of the country. The doctrine of State 
rights, which has led to such strife and civil war, must be merged 
in the great doctrine that we are one people, and that is the 
people of the United States of America. That is our doctrine. 
The Constitution is plain and clear upon this subject, not simply 
that Congress shall exercise the powers that are enumerated, 
but that Congress shall exercise all the powers that are con- 
ferred by the Constitution upon the National Government, and 
one of these powers is to guarantee to every State a Republi- 
can form of government. What is a republican form of govern- 
ment is another matter. 

The point I wish to make, however, is this : what may have 
been considered a Republican form of government twenty years 
ago, or ten years ago, is not necessarily a republican form of 
government now, I will ask the Senator from Wisconsin if 
Tennessee or Kentucky or any other State was a republican 



6 

form of government which excluded almost a majority of her 
population from voting ? Suppose that South Carolina, having 
a large majority of colored people, should declare by law or in 
her constitution that white people should not vote, would that 
be a republican form of government ? Suppose that Utah 
should be admitted as a State in the Union, and in her Consti- 
tution she should provide that no man should vote unless he 
swore to the doctrines of Morraonism, would that be a repub- 
lican form of government, and would Congress have no right 
to guarantee to the Gentiles of that people a republican form 
of government? Suppose that Massachnsetts, as I have been 
told is the case, provides that none who cannot speak the 
English language shall vote, thus excluding Germans, would 
that be a republican form of government ? 

If the States may do these things, what becomes of the 
power of the Congress of the United States to guarantee to 
every State a republican form of government ? The Germans 
are a most industrious, thrifty, loyal, law-abiding class of citi- 
zens, equal to our American-born citizens in every respect, and 
are they to be excluded by a State from the suffrage ? Sup- 
pose Illinois should in her constitution insert a provision that 
citizens of German birth should not vote, would that be a 
republican form of government ? Who would judge in that 
case ? The State would have decided that they should net 
rote; but who is to settle the question? The power to which 
it is left to decide the question, to declare what is a republican 
form of government. 

Mr. President, I rose simply to respond very briefly to the 
argument of the Senator from Wisconsin. These doctrines are 
not new to me ; they are not new to the readers of history ,' 
they are not new to the men interested in the preservation of 
our Union ; they are not new to the men who understand the 
causes for which this war was fought, by which this Union was 
preserved. If we would preserve our country and its institu- 
tions, we must have it understood that there is an entire sover- 
eighty somewhere ; that there is some po'ver which shall decide 
th«se questions when they arise. If after Congress has passed 



a law imposing a condition on a State, that State has the power, 
of its mere volition, to set aside the authority of Congress, then 
this Government is at an end and there is no Union. The 
argument of the Senator would be repudiated by Alexander 
Stephens. He never took any such position as that. It belongs 
to the Calhouns, the Haynes, the Rhetts, of South Carolina, 
and I do not wonder that the Senator from Delaware, [Mr. 
Saulsbury,] out of very shame, repels any such new alliance- 

A word now upon this subject of conditions. If these con- 
ditions are not unreasonable then our southern friends can 
subscribe to them. If they are truly loyal, if they love the 
Union, if they are penitent, if they come in with a true allegiance 
to the Constitution, these conditions will never hurt them. Look 
at the ordinances of 178T, which provided that slavery should 
never go into the northwestern territory. What was the effect 
of that ordinance ? My friend from Wisconsin and other Sen- 
ators may say it was unconstitutional. Whether it was 
unconstitutional or not, it saved Illinois and the Northwest to 
freedom. Men who wanted to emigrate into Illinois with slaves, 
instead of taking slaves there, took them over to Missouri, a 
slave State ; and all that wide northwest territory, where is the 
•center of empire now, where is now the power of the continent, 
is dedicated to freedom by that glorious ordinance of 1781. So 
I might say of the Missouri compromise, it saved the territory 
west of the iMississippi and north of 36° 30' north latitude to 
freedom. It dedicated that broad and beautiful empire to 
freedom forever. 

And now, Mr. President, after arguments since the foundation 
of the Government upon this question, and after Mr. Webster 
denounced the propositions advocated by the Senator from 
Wisconsin in tones of eloquence and power, which have excited 
the admiration of Christendom, and have given him a reputation 
throughout the world as the peerless orator of the world, we are 
to V)e told that he would turn in his grave at hearing positions 
announced such as we have assumed. We have only assumed 
this, that there is a central power ; that this is a national Govern, 
meat; that we have a nation ; that we are not like the Achaean 



8 

League, so many dissevered States, all eontendinc: with each 
other, all passing diflerent laws, loading to civil war and blood- 
shed. We are one country; we are one people "We, the 
people of the Vaited States," have ordained this Constitution- 
This is Mr. Webster's grand theory. All others, such as have 
been advanced by gentlemen on the other side, are but revamp- 
ing the arguments of Barnwell Ehett and John C. Calhoun, 
which are the gateway to the dissolution of this Union and the 
overthrow of this Government. 

I may speak warmly, because, though I did not intend to say 
anything upon this question, I cannot but call things by their 
right names. That argument I have seen ; I have read it day 
after day from childoood till now. It is the argument of State 
sovereignty. There cannot be a national sovereignty and State 
sovereignty. The States have their rights, but they are not 
sovereign, especially on questions which concern the inherent 
rights and equality of the citizens. I repeat, there can be no 
equality of States unless their is equality of rights among 
citizens in the States. We must be governed by a majority of 
the American people, and it must not be confined to color, race, 
or condition 

Mr. President, when the bill camo up in the Senate granting 
suffrage in the Pistriot of Columbia 1 was a member of that 
conmiittee, and a bill was reported at first in favor of impartial 
sutYrage, conferring upon all the people of the District who 
could read and write the right to vote. I was not present 
when the committee agreed on that report, and I requested 
that the bill be returned to the committee, and there — and I 
presume I have witnesses on this floor to the fact — for two 
hours I maintained that there should be no disqualification 
because it was not republican ; that the poor and the ignorant 
had a right to be heard as well as the rich and the educated. 
The action of the committee was reversed upon my motion, and 
the bill was returned to the Senate, a bill for suftVage without 
limitation in the District of Columbia, and it passed in that 
shape. My argument was that this was the theory of republican 
government, that the weak and the poor had a right to have 



9 

tJieir iuterestH represented in lej?iHlation a« well an the rich and 
fitron^^ ; and \ maintain that f^roiind to-day. 

Thill InvolveH my reply to the Senator from Ohio I remem- 
l)fr liis iirf^urnent ; wc; have heard it on every Htump ; we have 
heard it in every speech made by our opponentH. He anks, 
captiously, "Has not MaHHachiiHetts a reputtlican f^overnment ; 
haH not Ohio a r(!puhliean ^^ovftrnment ? WaH not IllinolH a 
republican government when whe denied to colored men the 
right to vote ?" \o\v, nir, I wi.sh to Hay that it Ih the duty of 
OongrcHH not simj)Iy to guarantee that a government may Vje 
repuhlican in form, hixi, it miiHtsee that it Ih wholly and entirely 
republican. The argument of the .Senator from Ohio was, that 
if a government waH "Hort of republican," it would do; but 
that Ik not the theory of this age, of this great revolution on 
this question. A republican government now means one in 
which all the people, not a part — not the white, not the black, 
not the Germans, not the Irish, but all the people shall bii rep- 
rrjsented. We go back to the Declaration of Independence and 
plant ourselves on its broad basis. 

You need not tell me, Mr. President, that we must go by 
precedents. Whiit is a precedent worth ? Slavery was a 
precedent ; and when I preached the abolition of slavery and 
d<!noiinccd the fugitive slave law I was told, "Do not disturb 
the established usages and precedents of tin; Government;" and 
such is tlie argumetit against ev(;ry moral reform. li' we 
succeed at all as a Republican party we cannot go backward. 
Slavery existed, and the genius of civilization breathed upon it 
and it fr;ll ; the light of the nineteenth century Ijroke upon it, 
and it faded away ; and so that precedent was disregarded. 

Who regards the precedent of the Dred Scott decision ? It 
has all the authority and solemnity of a decision of the Supreme 
Oonrt of the United States, but it did not have the authority of 
the advancing civilization and enlightenment of thi- ;tgf, nor 
the sanction of Almighty God. 

You may talk to me about precedents, and read to me from 
the reports to show who are citizens and who are not citizens; 
but I regard precedent as a humbug if it stands in the way o 



10 

the progress of the age ami of advauoiug civilization, and tho 
American people so regard it. It will do for a lawyer to get 
up and quote a precedent in a case where he lacks arguments 
from common sense and reason to sustain him ; but precedents, 
to be of any force or value, must be sustained by human reason 
and by those higher moral sentiments which control us as we 
advance down the period of the ceutur3\ 

Now, Mr. President, as the Senator from Wisconsin has made 
his appeal, as he has implored Senators to come up and stand 
by his Stale rights doctrine, 1 implore Senators, for the sake of 
the Union, for all that they love in this Union, for all that is 
dear tc^us and our children, to stand by one great nationality, 
not overpowering, not overshadowing, not a consolidated gov- 
ernment having all powers, but one which shall take care of and 
preserve the rights of the nation, having due respect for the 
proper rights of the States, those rights to which they are 
entitled under the Constitution. 

But, sir, if this Government comes to ruin, it will be again 
upon this great question ; and it is strange that the American 
Congress, and especially the Republican Union part of the 
American Congress, should have taken position in favor of 
these conditions, when we have found their authority for them 
in the Constitution of the United States, as I can show at any 
time, and that they should now say, "We knew the}' were 
unconstitutional. " That is a beautiful record ! What party 
can understand such a record as that ? I can excuse the Dela- 
ware Senator for repelling association with men who have gone 
back upon their principles and their party in such a manner as 
that, and who raise the shibboleth of the Calhoun doctrine after 
this long and bloody war. with all the horrors of secession and 
nullification, saying, "Virginia, come in; you can do just as you 
please after you get in ; come in. Mississippi ; you can do just 
as you please after you get in ; all is your own ; yon are sovereign 
States , we will be very magnanimous to you, and you may 
come in contending for the same old doctrine and sustained by 
the Conservative portion of the Republican party!'' 

Sir, as long as 1 can raise my voice 1 will stand by the old 



11 

doctrines of the Constitution as contended for by the men who 
were for one government and not for forty governments, but 
who were for one Government entire, governed by one people. 
This mighty doctrine is the doctrine of the people of the I'uited 
States; and ijvery form of inequality, whether it is in States or 
in individuals, will be wiped out by the power of this mighty 
moral revolution. No precedents of the pa.st can be of avail to 
stop it ; in the future, the grand and glorious future, illumin- 
ated by all that is beautiful in religion, or truth, or justice, or 
patriotism, it will triumph, and gloriously triumph. 
Comments of Hon. John W. Forney, Editor of the Washington 
Chronicle, February 17, 1870. 

State Soverefgnty ix the Sena'ie.— 'J'Ik- .>])e<;cli ot tlic new 
Senator IVom Wi-cousiii, Mr. Carjx'iilcr, on Moiiday last, .suI>HtauUally 
flfiiyiiig till' conslitutioiial rij^ht of (joii^^rcss to Ifgisiatc Toi- tlm prot<'c- 
lion of civil i-i;;iits and r('])ubiicau govf-nunciit in tlu; laU; insnnv-ctioii- 
ary States, ami in ail the Stat<;s of tli(! Union, will (;xf;it(; very general 
regn!t in the; Kej>nb]iean party. The lm])roiiij)tu rejtliei* of Senators 
Morton, of Indiana, and Yates, of Illinois, indieatc; the ed'ect it pro- 
<liic<;d upon them and their Itepnblican associates ; and the fact that Mr. 
Carpenter did not correct tin; constrnetions they placed iiiK)n his utter- 
ances proves that Ins sentences had been carefnll}^ considered, and arc 
not to b(; lightly abandonetl. The docti-inc; of State sover<'iglity was 
the canse and cover of the rebellion. It was fonght down by the war. 
Its advocates made the issne ami accepted the judgment. All our 
reeonstrnetion legislation is pei-\aded by this idea, and the two great 
articles amending the liindamental law contened special powers upon 
(Jongi-ess to legisTate for the enfoi-cement of their sacred guarantees. 
Those who remember how the Democratic party, wh(;n it became the 
ci-eatm-e of the; South, found authority in the very dcjubtful recognition 
of human bondage in the olil Constitution to enact a tugitivi; slave 
statue that reached every State, and tore the Hying negro even from 
under the shadows of Independence Hall, Philadelphia, and Faneuil 
Hall, Boston, will be startled at the d(;nial by a Kepublicaa Senator, 
In a Kepabliean Senate, of the exercise of a similar power in the 
interests of lib(;it3% under the mandatory clauses of a Constitution 
impi-ovcd in accordauc(; with the vei-(liet of battle and the voici of the 
peoph;. Mr. (jaiiicnter'.s peculiar theories are of course his own, and 
he is responsible for them. They are argued with his accustotncd 
ability, but they are not, we conceive;, the theories of the Republican 
party. The (iUick and elorpient answer of Senator Yates will meet 
a grateful respoiisf; from the Republicans of the whole Union. Hap- 
pily for the peace of the future, there is strength enough amongthe 
Senatoi-s and Representatives of that paity in Congress to put a fjuietua 
upon this new movement. IIap])ily, also, there is an ojiportunity to 
save the Supi-eme Court from its intluence. The latt; decision of that 
In'gli tribunal on the legal-tender question has aroused the country to 
one duty, and the Monday .speech of Senator Carpenter will awaken il 



12 

to another. To .show that our vk'\\- of that speech is not uiijust ^^c 
ii'ive the estimate pUiced upon it by the Senator from Indiana, Mr. 
Moi-ton, and the Senator from Illinois, Mr. Yates, innnediately after 
it had been spoken. 

February 11th. 
The Senate, as in Committee of the Whole, resumed the con- 
sideration of the bill (II. R. No. 1096) to admit the State of 
Mississippi to representation ia the Congress of the United 
States, the pending question being on the amendment reported 
from the Committee on the Judiciary, whieh was to strike out 
the preamble and also all^ beginning with the word "provided," 
in line four, to the end of the bill, so as to make it read : 

Be it enacted, §'c., That the State of Mississippi is entitled to repre- 
sentation in the Cong-ress of the T'nited States. 

Mr. YATES. I rise not now for the pur[)ose of saying any- 
thing on this bill, but simply to refer to some remarks which I 
made the other day in reply to the Senator from Wisconsin, 
[Mr. Carpenter.] LTpon examination this morning I fear that 
I was rather personal in some of those remarks. I despise per- 
sonalites in the Senate or out of the Senate; and I feel that 
an apology is due from me, not only to the Senator from Wis- 
consin, but to the Senate, for an expression or two whieh was 
made during the course of my remarks the other day. One 
was that I did not wonder that the Senator from Delaware, ■ 
[Mr. Saulsbury] repelled an association with gentlemen who 
had gone back on the Republican party. Roused a little by a 
remark that Daniel Webster would turn in his coffin at the 
position which our portion of the Senate occupied on this sub- 
ject, I replied with a good deal of earnestness to the Senator 
from Wisconsin; but I should not have said that, and I am 
sorry that I did say or intimate that the Senator from Wisconsin 
intended to go back or was going back upon the Republican 
party. I know that is not so. I have too warm a feeling for 
him and too much admiration for his high character and abilities, 
and too high an appreciation of his great services, not only in 
my own State but in all the northwestern States, in behalf of 
o nr great cause, to even intimate such a thing. Under the 



rnpulHe of debato, in answer to his rather unoharitahle sugges- 
tion that Mr. Webster's bones would rattle in their coffin at the 
position we had assumed, I made that remark. 

I also spoke of nullification, secessifm, and disunion; but I 
did not mean to say, nor do [ now mean to sa\', tliat the Senator 
from Wisconsin was a nuliificr or a secessioni.st. I jneant 
simply to characterize his sentiments as leading to those very 
opinions which were promulgated by Mr. Calhoun and other 
men of the South when they said that a State could nullify a 
law of Congress 

For instance, when the Senator intimated that if Congress 
passed a law iniposing a condition that these States should 
never alter their constitutions upon the subject of suffrage, the 
States might treat the condition as null and void and inopera- 
tive, I meant to. say that that was nullificaion, and I meant to 
say that that doctrine does not admit that the Constitution, and 
the laws of Congress passed in pursuance of the Constitution, 
are the Supreme law of the land. That is what I meant to 
say. 

So far a-, my remarks wore persona! in character 1 withdraw 
them. I do not do this at the suggestion of the Senator or any 
of his friends, or at the suggestion of any of my friends, for no 
one has said anything to me on the subject ; but I do it in jus- 
tice to myself and on account of my high appreciation of the 
Senator's character and services. At the same time I do not 
withdraw the argument I made, that the position assumed is 
like that which heretofore characterized the positions assumed 
by Mr. Calhoun and his friends in the South. This I had a 
right to say in fair debate. 

On the same day, in repl} to the rejoinder of Mr. Carpenter, 
Mr. Yates submitted the following remarks : 

Mr. President, I do not wish to defer the vote on this ques- 
tion : but I desire to refer somewhat to its history. I wish to 
inquire what is the origin of this doctrine of State sovereignty 
or the power of a State to oppose an act of Congress, although 
the Constitution of the United States, by its terms, is the 
supreme law of the land, and all laws madf in pursuance thereof 



14 

ure also the suprouu' law of the laiui. 1 al>o wish to inquire 
into the thoorv on which we are acting and into the expediency 
of the policy which we shall adopt on this occasion. 

Our fathers supposed that when the Confederation ceased and 
the Constitution of the United States was adopted, there had 
been some questions settled. The States prior to that time 
were united in a league ; the Articles of Confederation were a 
compact according to the southern doctrine ; but we abolished 
that league and established a Constitution. There was no 
longer a Government of States ; it was not "we, the States," 
but "we, the people of the United States," who ordained the 
Constitution. Before that, the Confederation had been a 
Government of States ; but by the wisdom of our fathers in 
council, a Constitution Avas adopted and a Union was formed, 
and then we became a nation, and not a mere confederation of 
States. Under the old Confederation the States did have sov- 
ereignty ; but this sovereignty was abolished by the adoption 
of the Constitution of the United Slates. Such was the under- 
standing at the time. 

Well, sir, for what purpose was the cry of State rights raised 
after that? It was raised on two occasions. One was with 
regard to the tariff. When the General Government proposed 
to collect customs at the port of Charleston, at one period of 
our history. State authority rose and asserted its power, and 
said that it was the right of the State to decide whether Con- 
gress could pass a law to collect customs duties. Then there 
arose great debate. It was then that not only Mr. Clay and 
Mr. Webster, but oven General Jackson said there is a General 
Government, there is a Congress of the United States, there is 
a supreme power in this country, as there must be everywhere, 
to decide between conflicting interests and claims. It was then 
that General Jackson uttered those words which have become 
immortal in history : "The Union, it must and shall be pre- 
served.'' What did he mean by the Union ? Did he mean 
that State authority should be preserved and maintained ? That 
the ddH^rees and laws of South Carolina should be the supreme 
authority and power of the land ? Xo. sir ; ho meant that the 



1.') 

Constitution, and the laws of the United States paHHcd in pur- 
suance thereof by Congres.s, Hhould be the supreme law of the 
land. 

Here was the first condict after the adoption of the Constitu- 
tion, as to the theory of State right?, on the occasion of 
resistance to the laws of (Jongress, resistance to the collection 
of the customs revenue. What was the next array of the party 
of State rights ? To maintain the institution of slavery in the 
States, it was said that the States must have supreme authority 
and power ; and Congress itself, in obedience to the decrees of 
slavery, passed a resolution that Congress had no power to 
interfere with slavery in the States. And yet there was an 
express power, as much so as if it had been included among 
the enumerated powers of Congress in the first article, an 
absolute power in Congress to guarantee to every State a repub- 
lican form of government. 'i'his doctrine of State rights has 
been the father of secession, the father of revolution, the father 
of civil war, and now we hear upon this floor the same doctrine 
advocated. 

In order to show that I have not heretofore misstated Mr 
Webster, and in order that Senators may derive wisdom from 
the experience of one of the greatest statesmen of the country, 
I beg leave to read from Mr. Webster. This is a practical 
question ; it is a question of national and State authority ; it is 
a question involving the existence of this country in all future 
time, and let me read what Mr. Webster says upon it in his 
great debate with Mr Hayne : 

jrth(;re b<! no |)Ower to i^elLle such questions indopiMident of either of 
the Slates, is not tin; wJiolu L'nion a rope; of sand? Are we not thrown 
\)iu;k agahi pn-ci.s<;ly upon tlie old c/mi'cdcriithm? 

It is too jjlain to he argued. Four-and-twenty interpreters of con- 
stitutional Jaw, each witli a jjower to decide for itself, and none with 
authority to hind anybody else, and this wjnstitullonal law the only 
bond of their Cnion I What is such a state of things but a mere con- 
nection duiing the pleasure, or, to use the phraseology of the times, 
during feeling i' And that feeling, too, not the feeling of the people 
who established the Constitution, but the feeling of the State govern- 
ments. 

Ill another of the South Carolina addressee, having premised that the 
crisis requires "all the eoneentrafed energj' of passion," an attitude of 



u; 

v)pen resistance to the law? of tlie Uuion is advised. Open resistance 
to the laws, tlien, is the constitutional remedy, the conservative power 
of the State, which the South Carolina doctrines teach for the redress 
of political evils, real or iniairinary I And its authors further say, that, 
appealino" with confidence to the Constitution itself to justify their 
opinions, they cannot consent to try their accuracy by the courts of 
justice ! In one sense, indeed, sir, this is assuming' an attitude of open 
resistance in favor of liberty. But what sort of liberty? The liberty 
of estnblishinii' their own opinions, in detiance of the opinions of all 
others: the liberty of judging" and of deciding exclusively themselves, 
in a matter in which others have as much riglit to judge and decide as 
they; tlie liberty of placing their own opinions above the judgment of 
all others, above tiie laws, and above the Constitution. This is their 
liberty, and this is the tair residt of the proposition contended for by the 
honorable gentleman. Or. it may be more propei-ly said, it is identical 
■with it, rather than a result from it. 

I intend to embody in my remarks the spirit of these senti- 
ments of Mr. Webster, and therefore I enforce them upon the 
Senate to show the position which he occupied. I read again 
his words : 

Sir, the human mind is so constituted, that the merits of both sides 
of a controversy appear very clear and very palpable to those who 
respectively espouse them ; and both sides usually grow clearer as the 
controversy advances. South Carolina sees unconstitutionality in the 
taritf ; she sees oppression there also, and she sees danger. Pennsylva- 
nia, with a vision not less sharp, looks at the same taritf, and sees no 
such thing in it ; slie sees it all constitutional, all useful, all safe. The 
faith of South Carolina is strengthened bj' opposition, and she now 
not only sees, but resolves that the taritf is palpably unconstitutional, 
oppressive, and dangerous ; but Pennsylvania, not to be behind her 
neighbors, and equally willing to strengthen her own taith by a conti- 
dent asservation, resolves also, and gives to everv warm atKrmative of 
South Carolina a plain, downrigiit, Pennsj'lvania negative. South 
Carolina, to show the sti-ength and imity of her opinion, brings her 
Assembly to a unanimity within seven voices. Pennsylvania, not to be 
outelone in this respect any more than in others, reduces her dissent- 
ient fraction to a single vote. Xow, sir, again I ask the gentleman, 
what is to be done? 

Two States disagreeing and no umpire ; two States sovereign 
in themselves! 

Are these States both right ? Is he bound to consider them both 
right? If not, Avhich is ill" the wrong; or rather, which has the best 
right to decide ? And if he, and if I, are not to know what the Consti- 
tution means, and what it is, till those two State Legislatures and the 
twenty-two others shall agree on its construction, what have we sworn 
to when we have sworn to maintain it? I was forcibly struck, sir, 
with one reflection as the gentleman Avent on in his speech. He 
(jnoted Mr. Madison's resolutions to prove that a State may interfere in 



17 

n cjviic of (Icliboratc. i)ali)ablo, and (lanc;erou.» oxcirlsc of a power not 
srnintecL 'J'lie lionorahk iiiemhcr siipjMJsetl the, tariif law to be sucli an 
<'xc'rcise of power — 

You can make any question the subject of Buch exercise 
of power — 

and that coiiscfiuciitly a ease lias arisen iu wlilcli tlic State may, if It 
se(^ tit, interfere by its own law. Xowit so h:ip])ens, nevertheless, that 
Mr. jMadison deems tiiis same tariff law quite eonstitulional. Instead 
ofa clear and palpable violation, it is. in his jnd.u-menL no violation at 
all. .So that while they tjse his authoi-ity for a hypothetical ca«e, they 
reject it in the very case before them. All this, sir, shows th(^ inherent 
futility— T had almost used a stronf;-ei- word — of conceding this jjower 
of interference to the State, and then attemptinij to secure it from 
abuse by imposinjy qualilications of which the States themstdves are to 
)ud;>('. One of two thinj^s is true; either I he laws of the Union are 
beyond the discri-tion and beyond the control of the States, or else we 
liave no Constitution of General Government, and are thrust back 
again to the days of the Confederation. 

In the same debate Mr. Webster said : 

When the gentleman says the Constitution is a compact between the 
State tie uses language exactly applicable to the old Confederation. 
He speaks as if he w-ere iu Congress l)efore 1789. He describes fully 
that old state of things then existing. The old Confederation 
was, in strictness, a compaet : the States, as States, were parties to it. 
We had no other General Government. But that was found insutli- 
cient and inadequate to the public exig<'ncies. The people were not 
satisfied \\ith it, and undetook'to establish a better. They undertook 
to form a G<'neral Governuient which should stand on a new basis; 
not a confederacy, not a league, not a compact between States, but a 
Constitution; a popular Government, founded in popular election, 
directlj' r.'sponsible to the people themselves, and di\ided into branches, 
with prescribed limits of power and prescribed duties. They ordained 
such a Government; they gave it the name of a Constitution; and 
tlu'rein thej- establislied a distribution of powers between this, their 
General Government, and their several State governments. 

He argues that if we transgress our constitutional limits, eacli State 
as a State has a right to check us. Does he admit the converse of the 
]jroi>osition that we have a right to check the States 'i The gentleman's 
<loctrines would give us a strange jumble of authorities and pow<;rs 
instead of governnuMits of sei)ai'ate and defined ]>owers. It is the ]jai-t 
of wisdom, I think, to avoid this, and keep the General Government 
and the State government each in its jji-oper sphere, avoiding as care- 
fully as possible ever}' kind of interference. 

Finally, sir, the honoi-able genilenien says tbat the States will only 
intefere by their po\\er to preserve the Constitution. They will not 
destroy it ; they will not impair it: they will only save, they will only 
preserve, they will only strengthen it. Ah, sir, this is but the old 
J^tory. All reguliited Governments, all free Governments, have been 
broken by similar disinterested and well-Klisposed int-erference. It i-- 
the common pretense. But I takelca^e of the subif-ot. 



18 

Mr. Wobi^tor ^j>ys< ajr«in. in this* !<nmo jsp-eooh : 

Sir. tho Yorv oHioftMuU tho i\»iU»» iU>!^>j>n for whioh tho wliolo C\>usii-' 
tmlon was thimoil and luJoptovl, w}u< to ostaMlsh a (5v>\vrunuM»t tliat 
should not Iv i>MisiVil lo :\i't thi»usih 8tjUo niivucy or dt'i^ntd on Stato 
opinion jiuvl Stato vUsvMvtion. Tho ivoplo ha^l had unite ononii'h of 
that kUul ofjiw^rnuvont nnd(>r tho CiuvtWlonnion. rndor that svstonv 
tho lojjjil aotion, tho applioation of law to huliviihiai*. bolonavil ox- 
ohijsivoly to iho Statos. t'on^ivs^ tvnUl only nnvinmoud ; thoir aots 
woiv not of bindhiji' fotvo till tlio StaTo# had adopiod ami sanrtioi\od 
thoni. Aiv wo it\ that i\M\dition still? Aiv wo yot at tho nuMvy of 
5>tato lUsoivtion anvl Stato ooustrnotiony Sir. if wo aiv, thon vain wUI 
bt» our ftttonipt to maintain tl«^" l\"ni!»tit<itM>v< imvlor whvoh v\n> jsU. 

Ho sars again : 

For ntysolt". sir. I do;\ot adttiit tho v""oni^x"totioY v^f Sovuh ("ai\>lina. or 
.nny othor Stato. to pivsorilv tny oonstiiuiiotial duty, or to sottlo 
tvtwoon mo and tho ivoplo. tho vaUdity of an> law of (\v,j5;noss lor 
whioh I haw wnovl. 

♦Inst a^ wo havo \oud for those conditions; and wo vio no4 
Wavo i; to (toora:is or Virgrinia or sny othor Stato lo say 
whother thoy are constitutional or not, 

I divlino hor nmpirjijiv. 1 have not sworn to support tho Coustitn- 
tiou ai\HM>!itisr to hor otMist motion of its olausos. I havo not stipitlatoil 
by juy CHth of otlioo or othorwiso to ihmuo timlor any tvsponsihility 
oVivpt to tho \voplo atid tlu\«owluMti thoy havoapinnniod to \v>ss upo»i 
tho qnostion whotlior laws snpportod by my votes ^.^M^fbrnv to tho t\>rb- 
slitntiott of my i\Mmtry- And. sir. if <\o Wk to tbio ^XMiorai natuiv of 
tho o;lso. vvuld anything havo Ivon nton> pivp^vstoivus than to mako a 
Govornn>ont for tho wholo Inion, atnlyot loave its jHuvors snbjoot, not 
to o»\o intorpn^tation, but to thirtoon or tvvonty-fonrintorptvtatlons? 
Instead of ono tribunal ostablislnH^ by all, ivsponsiMo to all. with 
l¥>wvr to dooiilo for all. shtvll cvinstit«itional ipiostiotts Iv loft to fom^- 
aud-tWonty jH^pnlar iHHlios, oaoh ai liboriy to dtvido t'or itsoll", and 
nono bomul to tvsivot tho ilooisivms of others, and oaoh at lilvrfy. t^v. 
to iiive a t»ew ot>nstruotion on every el»vtion of its own members J* 
Would attythiuij- with snoh a prineipto in it, or riither with such des- 
titution (<f all prineiplo. Iv tit to Iv oalled a Government >~ No. sir, it 
shouUl not bi^ denominated a (Vnstitutiou : it should lii^* called r:\ther 
a iH^Uvt ion of topics for ewrlastinji" cvmtnnersy : heads ofilelvite for 
lUsptnations yvoplo. Tt wottld n<it Iv a ii\wornment. It wonhl not 
Ik» adc<iuatc to any practical gvxxl, or tit for any cinmtrv to live under.- 

Mr. rt>:\sident. I havo r»^fcrrod to Mr. TTobstor to sustain what 
1 said the other day iu rt>ply to tht^ Senator from AVisv'onsin^ 
fttid I ask the Senator to judge from what 1 have road whether 
his hones wonlii rattle in his coffin in ivsponse to me or to th« 
Senator tVom Wisconsin I quote his authoritv on the 



10 

qu's!.st,ii)ii wli<;tli(;r tlii,-, is a {(ovr;rrin)(Mif. of tin; \>i ■()],]<',, vvliethftp 
tyici'c Ih any Knpi-fjrne f)owor in Ih'^ Oovcriuricnt r^f th<; United 
^UiU'M, or wlir;llior w^; arc Ml to th<' old Oonf<;dr!ratiori, to a 
n)[K; of Hand, to thirty or forty, or fifty, or a iiundrf^d jrovcrn- 
rncnt.s d«;('idiri;r <!a'di qncsljori an thoy may Hc.voraly ciiooHo. 

Hut, Mr. Pn;:-ii;J(;r»t, tfie polril \h, sUhW tlioHo qiK-HtionH ti<!V<;r' 
h(! Hcttlod ? Wiiat waH the iHKij*- upon vvdiich t.h(; latr; war waH 
foiiffht ? Whiy, Hir, plainly arid simply, whotfxjr tfio StatOK had 
tfio pow(;r, or whcA\u-y \\i<: (hui<;v:i\ (fi)V<',niiu<;iit had tix; power, 
to fleoide qu«;Htions wlii<;li a(J"<;ci.<;rJ tlif; iritorentH of th<; pfi.'*plc of 
tho United Stat<;H. VVrxui A<-A\ DaviH tf)ok hin hat and left hix 
Heat in tlj<! Senatt; Ohamlxjr an<l naifl, "1 hid good bye to the, 
people of the Uniterl States ; f raise the f*almetto flag ; I wilj 
tear down your Capitol ; I will proHtrate your institutions ; and 
J will have a new gov(;rnrnerit, founded upon slavery, " what 
was hirt argument? Why, sir, that the State of Mississippi 
was supreme; that there was no authority in the United States 
Government to control the power and the will anrl the pleasure 
of the s<;parate Stales. 

His doctrine was, "I will not Ijelong to a Union in which my 
constitiientH are cramped, in which the people of the State of 
Mississippi have not a supreme voice, and in whieh I, as a 
Senator from the State of Mississippi, am not as supreme in 
my authority and power as the representatives of the people 
of the United States of America." This opened the great 
drama whieh has cost so m rich blood and feasnre This filled 
on I- land witii widows aud orphans. This was the qricHtion 
before the American people, whether a single State of this 
U'^nion was Kui^reme and all powerful in authority, whether it 
could disobey the laws of the Federal Government. If is doc- 
trine was, " J set up for my.self ; I rai«e the standard of a new 
government; slavery is my platform and my corner-stone, and 
you have no right to say a word in this matter." And, sir, 
Congress, a Congress of the United States, in obedience to the 
blave power, passed a resolui.ion that Congress had no right to 
interfere with slavery in the States, when there was an express 
power to that effect I speak now of ao implied i.owcr and 



20 

Senators need not talk to me about implied powers ; but I say 
there was an express power in the Constitution, as express as 
kuman language could make it, a clause direct and absolute in 
its phraseology, that Congress shall guarantee to every State 
in the Union a republican form of government. I must not be 
told that this is not one of the express powers granted to Con- 
gress, because it is an express power, for the Constitution says 
that Congress shall not only have power to pass all lav^'^s neces- 
sary and proper to carry into effect the expressly enumerated 
powers, but that it shall pass all laws necessary and proper for 
carrying into effect every power vested in the Government of 
the United States or in any of its departments by the Constitu- 
tion. 

Mr. President, we hear quoted the decisions of the Supreme 
Court under a different state of things, the decisions of that 
court when slavery was the rule and freedom the exception ; but, 
thanks be to God, now there is a different principle prevailing^, 
and freedom is the rule and slavery the exception. I maysa}^ 
in the language of Holy Writ, that " old things are done away, 
and behold all things are new.'' And when I hear m}^ Repub- 
lican friends, like the Senator from Wisconsin, advocating the 
doctrine that the State of Mississippi, after she comes into the 
Union, may nullif}^ an act of Congress, treat it as inoperative 
and void, I feel like saying to him, " Is there no balm in Gilead \ 
is there no physician there?" Precedents and judicial decis- 
ions of the Supreme Court, and of other courts in the Union, 
have been the ramparts of human slavery. That institution 
was sustained by wealth, by power, by capital, by cotton ; and 
it controlled the decisions of the Supreme Court and other 
courts of the United States. But those decisions have vanished 
like the " baseless fabric of a vision," leaving "not a wreck be- 
hind." Now we see another light ; another sun blazes upon us 
It is the light of truth, and justice, a;id liberty; liberty to all 
God's creatures, without a siugle exception ; all, high and low, 
rich and poor, learned and ignorant, have an equal voice in the 
administration of this glorious Government of ours. The 
achievement of this grand result is the great record of the Ke- 



•21 

pu'blican ptirty, if it has any record. And now, sir, shall w« 
go back to the days of secession and State rights, and raise 
again the banner which lit up the flames of civil war in this 
glorious land of ours ? No, sir. Senators may attempt to 
congratulate theaiselvcs that they can resist this onward march 
of human progress and human liberty; but it is a fiat of Al- 
mighty God, and one of the decrees of this nineteenth century. 
We will establish it. I see it blazing with law, and liberty, and 
ju&tice, and truth, and religion. 

Senators talk about this clause to guarantee to every State a 
republican government just as though ii was to be treated as 
an unmeaning article in the Constitution of the United States. 
You might just as well extract from the Bible the sermon of 
the Saviour on the Mount as to take this most important of all 
the express powers of the Constitution from the Government 
of the United States. Why, sir, what did our fathers mean 
when they put that in the Constitution ? They were fresh 
from the RevolutioR. They stood by the door-steps of those 
old men who came bleeding with their wounds fresh from the 
battle-fields of the Revolution, with their locks dusty and hoary 
from those fields of blood. Thus instructed, they put it in the 
Constitution that Congress should guarantee to every State a 
republican form of government. Why, sir, there is the jewel 
of the Constitution ; there is the rampart of human liberty ; 
there is the fortress of the poor against oppression, that not 
thirty-four different States having different interpretations of 
the Constitution, and passing different laws, and contending 
with each other, but the Congress of the United States, repre- 
senting all the people of the United States, representing the will 
of all the people, responsible to all the people, should have the 
power to guarantee to every State a republican form of gov- 
ernment. 

Sir, I stand by the Constitution. Will any man now say that 
a State has authority to attempt to deprive a single American 
citizen of his right to vote or to hold office ; that it can take 
away the right of education from the children of the people of 
the State; that it can do as some of the States of the South 



'I'l 

once did. deny the liible to the cbiKIren of the jieoi^»le of the 
State; that some ol" its citizens can have the uncontrolled right 
to murder and to kill every man who does not agree with theiu 
in opinion? Can they establish a government in which 
negroes shall not be allowed to hold office, or Germans or Irish- 
men shall not be allowed to hold office? Sir, there is an inher- 
ent power in the Constitution of the United States to compel 
them to obedience, and what could be plainer? Congress is to 
use all the powers necessary and proper to secure a republican 
government in every State ; and if a State sets herself up 
against the Union, and Congress does not use the means neces- 
sary and proper to put down her insurrection; or if she estab- 
lishes a government which is not republican in form, and noth- 
ing is done by Congress to secure republican government and 
to secure law and order in that State, who is responsible; who 
fails in duty; wh oviolates the Constitution which he has sworn 
to protect and maintain ? AVhy, sir, when a Senator goes to 
your stand and raises his hand before Almighty God and swears 
that he will support and maintain the Constitution of the 
United States, and then suffers anything but a republican gov" 
ernment to exist in any State of this Union, he is a perjurer 
and amenable to the laws for perjury, and though he may not 
receive his just punishment in this world. I hope he will in the 
next. 

I referred the other day to the Missouri compromise of 1820. 
1 am going now to refer to the Missouri compromise of 1821. 
There has been no disagreement between the Democratic party 
and the Whig party about the constitutionality and propriety 
of the Missouri compromise of 1821. About the compromise of 
1820, which prohibited slavery north of the parallel of 3G° 30' 
north latitute. there was the same objection that there is now 
to these congressional conditions. But about the Missouri 
compromise of 1821 there was no disagreement between Mr. 
Clay and the ii embers of the Democratic party. What was 
that provision ? 1 will explain it. 

After the ordinance of ITST was passed, emigrants to the 
West settled in Illinois on account of its greater proximitv to 



llie EsiHt, ami airo on u<;«;ouut, of itK riiip«;rior agricultui-al lauds, 
and at the Rame time sent their «laveH over into Mi«8ouri, the 
ordinance of 1787 keeping the HiaveH out of the State of UlinolK. 
MiKSouri i>aK8e<i a law that i'raa iiejrroeH shoiiW not go into the 
State of Mii^Houri When Missouri was admitted, what condi- 
tion was picHcrihed for her admisHion? The enactment of Con- 
gress which admitted Missouri required that tbiBlaw which she 
had passed excluding free negroes from the State should not 
operate to prevent citizens of the United States from immi- 
grating into the State of Missouri. Why? liecause in Xew 
y'ork a negro who owned $250 wortii of property was a citizen. 
Congress allowed Missouri to come in on condition that she 
should never thereafter in her constitution or laws prevent 
any citizen of the United States from immigrating to that 
Stale. That prohibition v.-as admitted to he right by all 
parties, and it was accepted in good faith by Missouri. This 
was not merely a condition but a 'fundamental condition" 
to the admission of Missouri, as a reference to the law will 
show J read the joint, resolution of March 2, 1821: 

Jienolted by th« Henate and Route, of JiejyrenentaJ.ive» of the United 
Staten of America in Qonijrem atnemhUd^ 'I'bat .MirKonri f^haii be admit- 
ted into thirf Union on an <'(jiial footing \\'\X\\ tii** original Stat<'S in all 
re>^p('Ctg wiiat^'vci', upon tbe lun<lam''Utal f^^ii'lition tiiat the fourtli 
clause of the t\vci/ty-si.\tli section of the tJiird article of the <^Mjnhtittition 
submitted on tlic part of -aid State to CongresH nliall never be con- 
strued to authori/.f tli*- jjar-age of any law, and that no law >-lia]l be 
parsed in confoiinity tlK-nto. by wliicli any citizen of either of the 
States in tiiift Ciiion ."hall be (excluded from tiie enjoyni'-nl of any of 
the privileges and ifnniiMiiticfi to wJiicli such citizen i8 entitled under 
the Constitution of tlie I ni ted States : Provided, That the J^egi^lature 
of the said Stat*-, by a solemn public act, shall d<'clare tin; assffiit of the 
said State to the said funrlaniental cindition, and shall transmit to the 
Presirlent of the United Stat^is, on or befoie the fourth .Monday iu 
November next, an authentic copy of the said act; upon tlie n'ceipt 
whereof the Pre-irlent hy proclamation shall announce tlje fact; where- 
upon, and without any turther jMocecJing on the part ot Congress, the 
admission of the said State into this Union sliall be considered as com- 
plete. 

Mr. President, all that I contend for is that the States of this 

Union shall come in upon an equal footing one with another; 

but 1 say that if the State of Georgia or any other State 

excludes a large portion of its citizens from the right of suffrage, 



•J4 

or vlonios iho hoavoii-boru aiul hoavi-n-guaramitd rij;i\t of edu- 
cation to tho poor, thoii 5^ho iiot\< not oonio iu upon :\n <'nu:\' 
footinjj with tho State of Illinois' : or if !*ho should dony iho 
ris:jht to ivad tho Hiblo to any of hor people she would not oonie 
in upon equal ternisi with tho State of IlHnoi?. 

Mr. rivsident, srontlemen say thoise conditions are worth 
nothiujr: that they i»re void and inoperative Why? Invause 
Mississippi has a voice above Congress? l>ecun?e Mississippi 
is the suprenie authority of the land ? No. sir. The Consti- 
tution of tho Fnitod States and the laws made in pursuance 
thereof are the supreme law of this land. That doctrine is tho 
only salvation of tho land. On the opposite theory wo arc but 
a wreck: as Mr. Webster says in what I havv^ quoted, we are 
but a ro{H^ of sand ; we are left to drift upon the seas of human 
nncortaiuty. and no mariner's cowpass can point us in the right 
direction unless somewhere in this Government there is supreme 
power and supremo authority. My honorable friend, the Sen- 
ator trom Nevada. [Mr. Stkav.\ut.] said he believed in imposing 
conditions upon Nebraska ; that if it did no good it would do 
no harm. Why ? Bivausc the State comes in upon this con- 
dition ; it agrees to it ; it sigits. seals, and delivers it. and then 
v<he is in the Union upon the condition that she shall never 
deprive a citiren of the right to vote or hold office, or the right 
to free schools 

Sir, the word of a gnwt nation should l>e kept ; the word of 
a great Slate should be kept. The woni of a great State will 
be kept. When it is properly presented to the people of any 
State that they have agivovl to certain conditions, signed cer- 
tain stipulations, there is no State of our Union that will go 
back upon its honor and upon its woni. There is enough of 
liberty, enough of intelligence and virtue, and regard to truth 
and to contracts, in the people of the various States to stand by 
their pledged word. As an evidence of this 1 may refer lo 
those States of the Union where the Democratic party have 
had the power to carry out their propositions of repudiation. 
The people in every State have with manly independence and 
virtue said that every dollar of our debt shall be paid, so 



'II ijJii.io/in 



'liui, r.;|).j(Jiixi.i<,„ i|w.;ir i.^ MO longer a Ktiiiii ijpoi. 
'•Iiai'act<;r or \i\,i,ii l\ii: cliuiiuilcp of any Htat*!. 

Mr. Vn-.Huhul, si... 1 to \u: told t,l,at a f.indan.ctital coriflifior. in 
fuvor of fiuiiiafi ligl.t.H ii iifi';ofiHUt,nliori;.,l ? I.ook at. t,h<; juofi- 
HtroijH |,ropoHilioii tliat. a (ui.'laMM.fil,;!,! <-.oii<JiUofi in favor of 
human iiKhl.H anrj fujuian lil;«;rty ih (inf;onrif.it,iif,ior.ul ! llavInK 
h<;(!n a lawy.-i' uiyw-W, and awiJMtoin(;d to qijofo prr;f:od<rntx, I 
know yon can find a^ nu.ny f>njc<;dcntH on omj Hid« an on th« 
olli<;r. I will nh<|r;rUl(.; to ,«ay now that yon may hond m»j 
\'att<:l if) favor of a wrtain proponition of international law, and 
r«!ad it to mn, and I wdl (ind on Mom<; oth«;r pa^rj a contradi*-. 
t<M-y propo.nition. Whon I wan j^racticinj? law th«;jud(rnof 
the conrt wvA to Hay to mc, "Well, I have ex-irninr-d thineanc ; 
J have Htndied it; and I think the weight of precedent)' on the 
';tl.(;r Hide," I knew he h;<d not read anything? of the caHe at 
all; hut it wa,H Mnflicient for hi/n to Ktate that the weip^ht of 
preeedentH wan on tiie f>ther hide The lawyern had read pre. 
eederitH for and ])reef!dentH u^niuai, and the jiidj^e had taken a 
fiiee Hijpper anri a comfortahle Hicep and j^ot up in the morning, 
and .said that he thon^ht that the weight of precfcdentH wan on 
the (,ther ^-.ide; afi<l that !« the hintory of our juriapriulfDCe in 
thiH eountry, 

liut, cii-, wiiat, i olijeet to Ih thai, thene th-j-Mom have hitherto 
up to a certain period heen in the intere.ntH of human nlavery. 
What waH it hut the«e preeedentH that filled Kannan with blood? 
Jt WHH the notion that under the Constitution of the XJuxU'aI 
Stat<;H every owner of Hlavr.-.n had juHt m much right to take 
hin HiaveH into XehraskaaH he had to take property of any other 
kind, notwith.standing the MiHHonri compromiw^ IJut, HJr, I 
thank Ciod for the MiriHouri compromise. Mr. Clay may well 
have Maid that wlien the MiHHOuri comproini.se pahwed the f>tdlB 
were rung and the cannonn were fired and every demonntration 
of joy waH made throughout the Repuhlic on account of itn pan- 
Hage ; and .Mr. DouglaH, in hirf brighter and better dayH, rnay 
well have naid that it wa.^ a Haored thing, akin to the Coniititu- 
tion of the United States, receiving the approbation of erery 
»»eetion of the fountrv, and tha^ no ruthle««! hand Hhould erer 



disturb it. But sir, whether it was constitutional or not, it saved 
the territory north of 3G° 80', of which Kansas was a part, to 
freedom as the Ordinance of 1181 had dedicated to freedom those 
five grand States in the Nortliwest, where there is now un- 
bounded prosperity; where the people are happy, proud, and 
independent ; where ajn^riculturc is having raillenium ; where, 
as in my State, railroads permeate almost every county. That 
ordinance saved my noble State from the everlasting curse of 
human bondage. There she stands, and there all the north- 
western States stand, secured to freedom forever. That is the 
eifeet of conditions, whether constitutional or not, because the 
people of the nation will keep their word. 

You well remember, sir, that petitions came from the Terri- 
tory of Indiana for the repeal of the Ordinance of 1787, or for 
the suspension of its provisions so as to allow slaves to go 
there, not in perpetuity, but under a lease for ninety years, and 
that Mr. Randolph, of Virginia, rose in his seat in the House 
of Representatives, and said, "No, sir! Virginia gave this 
Territory to the United States and to the Northwest. She de- 
clared that it should be forever free, and there shall be no form 
of human slavery within its limits " You well remember, sir, 
that in the State of Illinois and in other States of the North- 
west there were attempts to alter the constitutions of the States 
so as to make them slave States, so that men might bring slaves 
to Illinois instead of to Missouri, but they failed ; the Ordinance 
stood like a wall of fire against the introduction of slavery into 
those Territories and States. 

These are facts sustained by history, and they show the power 

and potency of these enactments. Why, sir, if I remember 

aright, the Congress of the United States would not receive 

Illinois into the Union until she had passed a law adopting the 

Ordinance of 1787. I wish I had time to read the remarks of 

Mr. Webster on that Ordinance and as to its effect it had upon 

the country and the institution of slavery. I will read what he 

8aid as to its origin : 

An attempt )>as been made to transfer t'roin the North to the South 
the honor ot this e.xclusiou of slavery from the northwestern territory. 
The Journal, without argument or comment, refutes such attempts. 



Th(;_ cession b}' Virginia was made; in M;.icli, 1784. On the l!itli of 
April followini; a committf*!, consisting of Messrs. Jefferson, Cliase, 
and Howell, reported a plan for a temporary government of the Terl 
i;tory, iu which wa.s this iirlicle ; 

"tiiat after flic year 1800 tiiere shall be neitlier slavery nor invol- 
untary servitude in any of the said Spates, otherwise than in punish- 
ment of crimes whereof the party shall have been convicted." 

Mr. Spaiiiht, of North Carolina, moved to strike out this imrag'apli. 
The question was put accorditJi: to the form then practiced, " Shali 
these words .stand as a part of the plan ? " New ILimpshire, Massa- 
chusetts, Khode Island, Connecticut. New York, New Jf^rsey, and 
Pennsylvania, sevei States, voted in tbe affirmative, Maryland,' Vir- 
binia, and South Carolina in tlie negative. North Caroliua' was 
divided. As the consent of nine States was necessary, the words 
cauld not stand, and were struck out accordingly. Mr. Jefferson 
voted for the clause, but was ovenuled by his colleagues. 

In March of the next yf-nr, (ITS.'),; Mr. King, of Massachusetts, 
seconded by Mr. Ellery, of Khode Island, proposed the formerly re- 
jected article with this i^ddifion: "And that this retrniation shall be 
an article of compact, and remain a fundamental ])rinciple of the 
constitutions between th"- thirteen original States and each of the 
f^tates described in the resfdve." On this clause, which provided the 
adequate aud thorough security, the eight northern States at that time 
voted afflrmatively, and the four southern Sates negatively.. The 
votes of nine States were not yet obtained . and thus the provision 
was again rejected by the southern States. The perseverance of the 
ISorth held out, and two years afterward the object was attained. 

Mr. President, it i.s idle to talk about a family of a dozen 
children with no father, no mother, no guardian, no umpire, no- 
body to decide, nobody to compel obedience ; but it is no more 
idle than to talk about fifty or a hundred States, as we shall 
have when we number one hundred million people and have a 
whole cordon of States stretching from the Atlantic to the Pa- 
cific, with the institutions of freedom in our hands, with all the 
ten thousand Ides.-^ings of Christian civilization at stake, with 
all that is beautiful to think of and fearful to dread committed 
to our charge. When we remember, as is the fact, that the 
"star of empire," the noblest and the last, is to be established 
between the Atlantic and Pacific upon those mighty western 
plains, and that the power of the continent is to bo there, are 
we U) have one hundred States, each sovereign in itself, each 
claiming the right to govern all the others, passing different 
laws ? Strife will surely result from such a condition of affairs, 
and our late war will be but feeble compared with the mighty 
enginery and gigantic operations of that great war which will 
ensue if such a condition of things be permitted. 



2S 

On the other hiuid, I stand where the Repiiljlican party stands 
to-day. All the old decisions tainted by slavery, all constitu- 
tions, laws, and institutions in aid of slavery are swept away. 
The opposition that is now raised against this position is but 
feeble, and it is futile ; it is against fate. By the kind provi- 
dence of Almighty God we live in an eventful period of the 
world's history. Mr. Webster thanked God that he lived in an 
age when there was so much of prosperity, so much of educa- 
tion, so much of freedom ; bnt Mr. Webster did not live to see 
the day when slaver}'^ was blotted from the face of the North 
American Continent ; he did not live to see the day when from 
the Atlantic coast we could reach California by a railroad ; he 
did not live to see the day when, by the use of lightning, we 
could send messages traversing the bed of the ocean. Sir, we 
have lived to see that day ; but we have not yet reached the 
culminating point of freedom. Already in some of our States 
we see propositions to strike out the word "white" from their 
constitutions ; and the time is coming speediW, yea, it is at 
hand, when this Government must conform its practice in all 
respects to the theory of a pure republic. 

I took no part in the con trovers}'" between my colleague [Mr. 
Trumbull] and the Senator from Massachusetts, [Mr. Sumner. ) 
All know the estimation in which I hold my colleague. All 
know that I have been his friend forever. All know that I 
regard him as a true friend of the Republican party. The only 
difference he and I have had has been as to the field of opera- 
tions. My colleague unfortunately belonged originally to the 
Democratic party, and he was schooled in its theories and in 
its doctrines. While he does not say that State rights are the 
main things to be looked to, or that State sovereignty is 
absolute, yet he wants to preserve those old forms and tradi- 
tions that have come with him from his early education. But 
he has been the more useful to us perhaps on that account, 
because he has brought over from the Democratic side men by 
regiments and by platoons, not only to support the war, but to 
advocate and maintain tiie principles of the Republican party, 
and to-day he stands peerless in our State and before the world 
as one of the most noble, efficient, and able advocates of the 



-mj^i 



29 

cause in which we are engaged. On the other hand, the 
Senator from Massachusetts of course needs no encomium from 
me. A question was raised the other day as to whether he 
was the author of a certain measure or proposition. I did not 
know whether he was or not, but he had advocated those prin- 
ciples of everlasting and vital truth which entered into that 
proposition ; he had prepared the public miud for it, and if he 
wa&not so fortunate as to be the clerk who wrote it out, I am 
sorry for it ; but it only showed that he was not anxious for 
his laurels. 

Mr. President, so far as the sentiments of that Senator are 
concerned they are already written upon the frontispiece of 
our legislation, not so much in laws drafted by his own hand as 
in the constitutions of States, in the proceedings of this body, 
in our usages, in our seniiments. No man shall wear a taller 
plume than he who has borne aloft not only the flaming 
cimetor of the Constitution, but with the l)anner of the Union 
over his head, has alwaj^s battled in favor of human rights and 
liberty. I take no part in this controversy so far as it is per- 
sonal, and I hope I may be forever hereafter protected from any 
personal allusion. 

Sir, we must have one uniform standard in this country, so 
far as the rights of men are concerned, or else there is no 
equality of citizens or of States. Look at the provisions of the 
Constitution which tend to .secure this equality. The Constitu- 
tion provides that no State shall enter into any treaty, alliance, 
or confederation ; that no State shall, without the consent of 
Congress, lay any imposts or duties on imports or exports ; 
that no State, without the consent of Congress, shall lay any 
duty on tonnage, or keep troops or ships of war in time of 
peace, or enter into any agreement or compact with any other 
State or with a foreign Power. No State can confer or create 
any title of nobility. By the Constitution the ciiizens of each 
State are entitled to all privileges and immunities of citizens in 
the several States ; and to crown all, the duty is imposed upon 
the United State.? to secure the blessings of liberty and to 



30 

guarantee to every State in this Union a republican form of 
government. 

All these provisions of the Constitution are based upon the 
Declaration of American Independence. The only stain, the 
only ink-spot upon the Con.^titution of the United States is the 
accursed crime of human slavery, which has controlled the 
decisions of this country, judicial and political, State and 
national, for so long a period. It has gone to the extent of 
dividing churches and dividing communities, all to gratify the 
mere pride and ambition of man, just as though the weak and 
the poor were not entitled to rights in this Government as well 
as the wealthy and the powerful. If the man is weak, the more 
we should protect him. If he is ignorant, the more we should 
ascertain his \vants and seek to provide for them, and the more 
likely he is to know what they are, and to vote so as to care 
for them. The black man who cannot read or write knows his 
wants and can vote for them just as well as the distinguished 
Senator from Kentucky [Mr. Davis] can for his rights. I do 
not say that for the purpose of drawing any odious comparison- 
I only say that the Senator from Kentucky has no right to vote 
for the black man, but ho should vote for himself. The one has 
rights inalienable, (jJod-giveu from heaven, just the same as the 
other, and each has the same right to represent himself at the 
ballot-box. 

You may ask me, then, what will become of this Government 
if the ignorant are all to vote ? Did you ever object to Irishmen 
voting when they landed in this country ? Have they not been 
drawn from the wharves npou landing and carried to the polls 
blindfold to vote the Democratic ticket ? Have you ever im- 
posed any condition upon the uneducated in the State of Ken. 
tucky ? I am a native of that State, I am prcud that I am a 
native of Kentucky ; but there are persons there who cannot 
read and write. If the honorable Senator from Kentucky were 
to send the speech that he made yesterday to seme of his con. 
stitueuts on Eagle creek, they would raise their eyes in horror ; 
and yet they are American citizens, and they have the same 
rights and they came from the hands of their Maker just as good 



31 

ns the distinguished Senator from Kentucky. I refer to him 
siniplj because I happen to see him in my view ; not that I 
would conii)are their ignorance with his high learning, his 
eminent iihility, his long experience, and his great dlHtinction 
not only as a lawyer hut as a civilian and statesman. I refer 
to it only to illustrate the position which I assume. 

Mr. President, the signs of the times are not ominous to me. 
Secession, it may be, will raise its face around the Senate Cham, 
ber, but the decree has gone forth that now and for all time 
freedom is the rule, and all constitutions, all laws, all govern- 
ment, and all institutions must conform to that rule. Six years 
ago, in the State which f now represent. I was the only person 
to raise the standard of universal suffrage. I did not expect to 
see that grand consummation so soon, and it has taken me by 
surprise, but the revolution is complete. There is no opposi- 
tion now ; it is decided, and henceforth, sir, do not be afraid of 
decisions of the Supreme Court ; do not be afraid of the action 
of legislative bodies, forjudges, like politicians, smell the breeze 
afar off and conform their opinions to it. But, sir, whether the 
Supreme Court stands in the way or not, there is a spirit and 
a power in this enlightened age which will compel conformity 
to truth, right, justice, and liberty. The day will come when 
the Dred Scott decision will almost be hung up as a monument 
of hatred to the people of the United States, when the old 
decisions in Kentucky and Illinois and other States in the 
interest of slavery will fade away, because "truth is mighty and 
will revail." (jod rules and justice shall prevail. 

Mr. President we must have one standard of American citi- 
zenship. We cannot have it with the jurisdiction of fifty or a 
hundred States in full play and operation. They cannot agree ; 
some will exclude one class and some another. But, sir, now 
there is not a free State — I am not talking particularly about 
the slave States — the constitution of which has one relic or par- 
ticle of human despotism in it that will not be altered or 
amended to meet the crisis of this mighty age of human pro 
gress in which we live. We must have one standard of Amer- 
ican citizenship ; we must have the States coming in on an 



n 



3-2 

equality. The States must come in on an equal footiug — not 
States half republican, some imposing a property qualification, 
some imposing the qualification of reading and writing, and 
some going back and instituting human slavery as the test 5 
but we must have from the Atlantic to th(' Pacific a mighty 
empire where all shall be equal, where the Chinese themselves 
shall only have to become American citizens, sliall only have to 
conform themselves to the institutions and laws of the country 
to be protected in all their rights. 1 am not afraid of this trial 
of republicanism. 

This land is to be the theater of mighty contests, of great 
collisions of mental ideas, of mental forces and powers. We 
arc to have here all races, and we are to have a grand contest. 
I expect to see in my own town a Chinese temple raised oppo- 
site to the church where my own familj^ worship. There is to 
be a mighty collision of moral ideas and forces and powers; but 
Christian religion and this grand old Government of the free, 
established by our fathers upon the principles of human liberty 
and equality, will go on triumphing and to triumph It is 
based upon the only doctrine on which man can be happy and 
yet have equal rights — a Government of majorities, a Govern- 
ment where all men are equal, and where there is no superior 
but God alone. To secure the realization of this theory in all 
its completeness and grandeur is our destiny; and when it is 
achieved there will indeed be a triumph of "Liberty and Union, 
now and forever, one and inseparable *' 

Sir, these are not the words of the moment, but they are the 
thoughts of thirty years of public service In all the contests 
of political strife and ambition I foresaw this day, as I think ; 
but whether I did or not it is now history, and this land is free 
from ocean to ocean and from lake to gulf 



■^ 



SPEECH 



OF 



HON. RICHARD YATES, 

'/ 

Delivered in St. Louis, Nov. 1st, 1872. 



This speech is published by friends of Governor Yates, 
and is copied from the St. Louis Democrat of November 2d, 
1872, which paper says : 

"To-day we publish what we may call the closing arguments 
of the campaign — the speech of Hon. Columbus Delano, at 
Sedalia, and the speech of Hon. Richard Yates, in this city. 
Nothing that we have seen has equaled the plain logic of the 
former, or the electric power of the latter, Mr. Delano gives 
us the argument of a statesman quite as forcibly as Mr. Yates 
gives us the appeal of an orator. Both together make the 
best campaign literature of the season, and we commend them 
both to the attentive reading of those who would do a patri- 
ot's work at thinking now, and a patriot's work at voting on 
Tuesday." 



JACKSONVILLE, ILL.: 

PEAF A WD DUMB STEAM POWER PRINT. 
1873. 



I 



PaCUA liD. YATES, 

TO A LARGE MASS MEETING 

Xxx St. XjOtulIjs- 



NOVEWJIKK ]kt, 1872. 
h or thirty yffiTs f luivc hccn in y)iihlic (jfTir*-', and alrriost 
hnfore evf^y (ih^^tlon liavH mad<^ rnajiy H[)0«'fli(*s, but on 
acoount of Hickness of my family and myself, thiH ih the 
fiTHt Hpcecli T havp Tnadc thiw canvaHH. Yon may ank 
why I do not mako it in lIlinoJH, my own State ? My re- 
ply is that Illinois is not debatable jj;ronnd, for on the 
r>tli of N'overriher, if ballots (jould spcjik, you would 
hear tlninder loader than the booming cannon's earth- 
quake voice of 60,000 majority for Grant, Wilson and 
0^ieHl)y. [Cheers] As it is said Missouri is debatable 
ground, I thought I would accept the invitation offered 
me t(^ 8ay somothing in my feeble way why the 50,000 
voters of this magnificent (dty, and why the great com- 
mf)n wealth of Missouri should cast their votes for the 
gn^at party of progress, Justice, liberty and union, and 
for their noble standard bearers — (xrant, Wilson, and' 
Jolin B. Henderson. 

Wlien 1 see such demonstrations I feel that the Repub- 
lics is fiafp. It in an old stij'ing, "if y<ni want anything 
well done, do it yourself." If tht- peojjie wish tcthewell 



2 Speech of Hon. Richard Yates. 

governed they must govern themselves. They seem to 
be doing that very thing. 

THE PAST. 

Mr. Greeley in his letter of May the 20, 1872, accept- 
ing the Cincninati nomination, says of the platform of 
that convention, that it is "a platform which, casting be- 
hind it the wreck and rubbish of by-gone contentions, 
and by-gone feuds, in a word as embodies the needs and 
aspirations of-to day." And Schurz says, "great par- 
ties'Cannot live on the past, but must live in the living 
pi-esent and mighty futiire." 

Now who ever heard before of a party begging that its 
past record should be forgotten — holding it up as a mer- 
it that they ignore the past. No wonder they would 
. blot out the past, "bloodiest picture in the book of time," 
that record of the Democratic party. They confess our 
measures for emancipation and equality, and declare 
that they won't go back and re-open the questions de- 
cided by the constitutional amendments ; but I cannot 
see how the confession of their past sins necessarily 
proves that even before their tears of penitenc*^ are dry, 
they must become the leaders and teachers of those fel- 
lows who have brought them to their milk, 

I cannot see for my life how we can get rid of that test, 
which we recognize in all the business concerns of life, 
in considering past actions as pretty strong evidence of 
future conduct. That this shall be the rule to govern 
parties and nations, I shall believe, as long as I remem- 
ber the speech of the great Virginia orator, Patrick 
Henry, in which he thundered the words, "Cffisar had 
his Brutus, and Charles the First his Cromwell, let King 
George profit by his example,"' but in which same speech 
he said words more worthy of our remembrance: 

"experience is THE LAMP 

by which our feet must be guided." How are these 
Democrats to get rid of the past ? A story was once told 
me of a good son of the Emerald Isle, who was a deck 
hand on board of a sailing vessel on Lake Erie. The 



Spekch of Hon. Richard Yates. 3 

Captain, who was at the helm, said to him one night : ' 
"Jimmy, I want some sleep, and you must take hold of 
the tiller. Do you know anything about navigation, 
Jimmy ?" "Not much," said Jimmy. "Well, said the 
Captain, do you see that star ? Keep her head in that 
direction." Yes sir, said Jimmy, I will try and keep 
her in that coarse.'' So the Captain went to sleep. Jim- 
my did well for a time, but by and by it grew a little 
cloudy and stormy ; and when the storm had cleared 
away somewhat, and Jimmy looked again for his star, 
Lo, it was behind him! He turned around much alarmed 
and said " wake up Captain, wake up, and give me 
something else to steer by, for I'm past that." [Laugh- 
er.] Now my friends. Liberals and Democrats, you are not 

past THAT BRIGHT REPUBLICAN TSrORTII STAR. You must ' 

steer by it — it's you that's turned, not the star. ' 

The Republican party stands proudly up, with port 
and frame erect, and says : Look at my past and pres- 
ent, and from them read the horoscope of the future. 
Henry Wilson told you its mission would not be ended 
for a century to come. I say to you its mission will 
never be ended while there is a wrong to be redressed, a 
good to be promoted, and the principles of civil and re- 
ligious liberty are to be advanced and maintained. It is 
the grandest party in the tide of times. Its achieve- 
ments blaze with luminous luster along the age. 

Dr. Franklin said whoever introduced into the politics 
of this world the principles of Christianity must, neces- 
sarily, rule the world. The Republican party seized this 
principle, the universal fatherhood of God, the univer- ' 
sal brotherhood of man ; it planted itself upon the in- 
destructable platform of Christian statesmanship ; it 
seized the weapons of emancipation, equality and jus- 
tice; its grand aim was to secure to every man his God 
given, inherent, inalienable rights of equality before 
the law ; his equal right in making the laws by which 
he is governed, and in selecting the agents who are to 
make and administer the laws, so that the man of 



4r Speech of Hon. Richakd Yates. 

every race and^nativity, wliose face is black from delv- 
iug in the mines, grubbing in the streets, whirling the 
spindle — the apprentice in the shop, or clerk at the mer- 
chant's counter, has the same voice in public ailairs as 
the proudest millionaire who lives in luxury aud ease. 
The Republican party lays its hand on the next great- 
est statesmanship, which is common sense — and reach- 
es out to the common people and lifts them up. God 
bless the common people, for they are the aristocracy of 
America. I say the Republican party, with its founda- 
tion stones deep laid on the golden rule. 

love thy neighbor as thyself. 
is a glorious party ; a child in years, it is a giant in 
statute; born at Blomington in 1856, not yet twenty-one — 
yet under age, it votes three and a hall-millions. It is a 
progressive party. It does not light on the defensive. 
It moves on the ene-my's works ; it hangs its banners on 
the outer wall and shouts "Once more unto the breach, 
dear friends, or till the walls with ,tlie opposing dead." 
It lays hold of old predjudit-es and political supersti- 
tions, and scatters them into a thousand fragments. It 
seizes hoary-headed old part}' organizations, rioting in 
the corruptions and spoils of office, and tramples them 
beneath its feet, it crushed to atoms the inhumanity 
of the Democratic party, and tore down its pillars of 
power, built on guilt and human bondage. It passes 
through scenes where anarchy rears its unsightly form 
and confusion ceases. It passes through Ku-Klux hell- 
tire, and snatches the red torch and flaming brand from 
the burning dwellings : and the poor and the slave look up 
withimshamed brow anduublanched cheek: it builds the 
school house and the church, and unseals the fountains 
of knowledge; it lays hold of the fetters of oppression 
and they are riven asunder. It holds in its hands the riven 
chains of 4,500,000 bondsmen, and of a whole race set free. 
The Republican party snatched slavery from the Con- 
stitution, and tilled up the chasm with the Declaration 
of Independence, ^slavery in the Constitution wrote 




Speech of Hon. Richard Yates. 5 

"lie" across the face of the Declaration of Independence. 
This was a monstrous denial of the philosophy we 
taught — self reproch and humiliation at home, and a 
blot on the fair escutcheon of the nation to which des- 
pots pointed to blot the power of our example among 
the nations of the earth. The Republican party strmk 
it and it fell ; the genins of Christian civilization and 
the light of the nineteenth century blazed upon it and 
it faded away. 

SLAVERY TOKN UP BY THE KOOTS, 

treason crushed, the Union saved, in war victory, in 
peace prosperity — and on its coat of arms the heraldic 
blazonry of union, liberty, justice, universal emancipa- 
tion, universal suffrage and universal enfranchisement. 

Go back to the auction l)lock, the accursed chatteling 
of human beings, the tearing asunder husband from 
wife, the mother from child; the lash, the revolver the 
bowie-knife — rivers crossed, mountains climed, and yet 
no escape from the pursuing blood-hound, no escape 
from the fugitive slave law, no local self-government, no 
habeas corpus, no State rights in the free States for 
Burns or Simms, or the flying slave. But now not a 
solitary slave clanks his chains on one inch cf Ameri- 
can soil. [Tremendious cheers]. 

Thanks to the early pioneers in the cause of liberty : 
thanks to Theo. Parker, to Wm. Loyd Garrison, to 
Wendell Philips, Henry Ward Beecher, Henry Wilson 
and all those anti-slavery veterans in the dark and 
direful days of persecution ; thanks to Grant and Sher- 
man, and Sheridan and Farragut, and to our boys in 
bjue and our sailors on the sea ; thanks to all who 
labored, who contributed, to all who achieved, who 
fought and who fell ; thanks to fredom's immortal mar- 
tyr, Abraham Lincoln, and thanks to God for thus lifting 
up to light, liberty and American citizenship, a whole 
race of God's down stricken poor. 

The Republican party abolished the slave trade in 
the District of Columbia, it abolished slavery in the 



Oifstvi^t' 6t <.\^ I nmbia ; it rovoaUM tht> fiiijitivt^ slave, 
law ; it dodioatod Kansas and Nobvaska, and all that 
bonndloss tervit(>ry far otVti^ the sotting; s^iin, to ovovlast 
tinii" tVotHlon\. to tVo«^ svmI. to tVot^ labor. tVoo spoov'h. 
tVtH^ schools. tVro honu\*i and IVotMnen forovor. It sw i^pt 
with s\vvtt. 

MVKOll V'SS. RKSlSn.KSS llVMtS 

'tho hitamous black laws tVoni all our statute books. 
Stato and Nativ^uak lApvlauso-l In solf dotVnsivo. nn 
jiYoidablo war, it rnisod. t\|uipp^'^^ J^i^*-^ ^^'^^ *^^^»^' vii'tor 
io\\?5 i\rmit^» orusht\\ foid vovolt overthrow hostile and 
treasonable goverunients, drove disunion into his den. 
auv^ ivplaeed everv wandevitm' star in its place on our 

iXlorious t\ag. 

lu tht^ 'rhirttvuth, FvMivteenth and Fifteenth auieud- 

meuts, it wrvne with :v pen ot' imperishable stet^l. into 
v\>i\stit\itiourtl Hud eterual law. eniauv-ipatiou. and 
ev\uaUty, and stvurity v>t' lit\\ liberty atid pn^perty of 
evwry citizen in the laud. 

It ha$ jjiven to the soldier !ns bounty and lands . to 
tlu* widow ai\d the orphan pensions, and, tv> the poor 
and homeless, homes on the public lands, who have 
their ivttaues on the mountain tops, on the hill sides. 
in the valleys low and on the banks of onr river;^, !so 
that the traveleT to the far west exclaims, "How beauti- 
ful art> thy tents, O Is^rael!" It built the Vacitic Kail- 
wad, and bronj^ht to our doors the rich pnnincts and 

TUK Aoct Mii.vrvn'* wK.wru 
of 6,lH.V years, and of the OhH\iHX\<.XV^ people of A>ia 
and the Vndit^, [Ort\at Applause. 

It took a miii'hty national debt into its crasp, and is 
pavitig it at the rate of $UH.\i.XX\(XX^ per annum. It re- 
diuvd onr t:^xes, increased tuir revenues, irives ns the 
best currency in tl\e wt>rld, adopttxi the most hn- 
n\ane Indian policy, seenrtni onr rights frvuu Kiigland 
bv peawful arbitration. It has iiciven ns pea^v and hvM\- 
or w ith all the nations of the world, and unboundt\i 
prosperity. imp«-^rial po\Nvr and proud position at home. 



RpiOEOii 01'' Hon IkioiiuAi) Ya'I'Kh. 7 

Tht-nUiMvc h("<>ii (IrHcitciM, l)iil its i;iiik :ui(Mi|(' :uo nil 
broken, .-uid :iH in iiw jj;l(»rl<>nH pjiHl, n<» in Uh Hplondid 
piTscnl ; hnoy^'d np hyn livin^^ fuilli in ilH <"on«»rl prin 
(■il)l('S, ;iii(l nphcld by coiiviclionH dri-p iinlH><ld<(| in tin- 
popniiir lu'Jiil, il moves onwjird in llic nnHhul^rn rouli 
dencc of (lerliiin :nid !;lorionH Irinrriph. All luiil. 
|(;iie(.r,s.| 

lint, lellow cili/t IIS, wliilf Mr, (In^eltw miyH lei I lie p;iHl 
l)e roiii,<)(ien, an<l let l»y nolle JKHiH^is arid conlenlioiiH he 
left Ix'liind HH wr(''<'lc jiiid mMtinli, docH he nol open llie 
old (|iies(ioii of ''Slide Ivi^lilH," wliicli li.'iN been the 

oicMAi' |(;i,i<;mk,n'i' o|i" |)IS(!oi;i> 
Hineethe he^i nni ii<>-, which W;inliinjz;t()ti ejijled u, ''nions 
ter''' (hen. Mild which opened I he l:i,le tr;i!!:edy of blood 
and civil war ; llejii- what Mr. (tn<'ley Hayn in hits U;\\va' 
a.c<-eptin«;- the Cincinnali nomination. Mr (lr(j<d<,*y 
Hayn: ''That there shall be no federal HiibverHk)!ni(!)f the 
inlernul policy ol the rtevera,! SlateH miiniciprililieH, htil 
ea<;li nliall be lel't, Tree to enforce all ri^ht,H and promote 
the welfare of its inha^bitanlH l)y hikjIi tnoatiH us tile 
Jnd,ii:ement of iln own fX'ople wliaJI pi-eHcribo."!:) •iiiUmhi 

What, is lluH isHiiH but m^arly all tho paHt of \}\in^fj!;ni^' 
(^rnrtu'iit !* lien^ is llial old monHt»^T» of discord, Ww fatli- 
I'r of nnllilication, of secessitni, of ci\il \\;ir, the wide- 
open gate of distinion. Is not this wha>l (/a.lli«>i>ti 
wanted wIk-ii he said Uw tijeneral prvHrnnient mhonhJ, 
not collect customs in South ( Carolina tk'at it was ledl- 
firal Hnpei\;sion ^1" Slale lights, ami which camesoiK'ar 
disruption that (b^iieral Jackson had to Mend (b'lieral 
Scott to ( 'haiJesloi! to eiit'oire the law, a,nd lia,d to say 
to(/'allioiiii, ''it' yon n^sist I will haii;"- yon, sir; this Un- 
ion must be preseived." [ApplauHe. | M wa-H the catise 
of the late rebellion. AH wisH |!,Btat,eKman shrink from 
it beca^nse it not proba.l)l(^ merely hut necessarily hiadH 
t()Hl:ife; be<*ause it,^,coTifrot\tH two /inta^oiiiHiriH, like 
thoHo of tr<'<»doin an<l wlavery. It antaKoniz<'H Hie idea 
of one naliotial Hoveieigiity, and thirty-seven Hoverei^n- 
ti(^H, which is simply impossible, Mr. (in^eley^HayH, lay 



S Speech of Hon. Richakp Yates. 

aside past issues, and yet revives this old corpse of dis- 
cord with disunion staniptni upon its skeleton face, and 
which has three times sliaken the very 

FOUNDATION KOOKS AND I'lIJ.AKS 

of our temple of liberty. [Sensation.] 

It is not true tl\at the Republican x^'^i'ty proposes in 
any way to interfere with proper* matters of local self- 
.i:;overnment. Iris a plank in the Philadelphia platf<>rni 
that the iStates shall be protected in all their rights. 
One of the nu>st palpable things to every American 
statesman is that, with a territory so vast as ours, 
stretching over so many degrees of latitude and longi- 
tude, it is utterly out oi' the question for a remote cen- 
tral power at Washington to know or legislate for the 
wants of so many remote localities. Henry Ward 
Heecher expresses the idea well by saying: "You can- 
not Iniild a shield from New York to the Paeitic Ocean 
which will bear the lift without fracture, unless yon 
build it with Joints in it." Local self government in 
the State, county or town is of great advantage in pro- 
moting education, building railroads, and for an hun- 
dred purposes which is no busiuesse of the general gov- 
ernment. It is of the very genius ot oin- institutions. 
Each locality must have its own way in matters which 
pertain to itself. But the nation must have control in 
matters pertaining to the nation — the rights of all must 
be x^hiced under the protection of all. Theieason why 
we n\ust have a common standard of jL'itizenship, is be- 
cause the citizens who elect local othcers also elect the 
President and Congress. The nation must have power 
to protect all its citizens. [Applause.) 

Mr. Sumner om-e said : "The essential condition of 
our national life is one sovereignty, one citizenship, one 
people." 

Why are the other States in the Union inrerested in 
the voter being protected in Lousiana? Simply because 
his vote might decide who would be President, or mem- 



SPEEon OF TIoN. RioimAD Yates. 9 

ber of Congress, and might decide tlie whole policy, and 
may be, the destiny of tlie nation. ' ' 

Supj)osethe «!h!(^torial vote of Lonsijinji luid been tlie 
casting vote for l>resi(K'nt in Imi. If tiiis hud been the 
case, then the fraud uliMit deprivation of the riglils of 
the citizen in a singhnStat(. wonhl havcUhwarted thewifl 
of all. [Sensation.] 

Read what Mr. Greeley said in liis Hp.MMth ii, N.^w 
York, alx)nt a year ago, on his ivtnrti from the South, 
about the vote of Lousiana and the Ku-Klux. 

"Why, fellow (dti/ens, these very nn^n wlio ask me if 
I saw the Kii-Khix read the returns of the last rresiden- 
tial eh^(;tion in Lousiana when thr, Stat(^with H(),()()() bhick 
majority on its registers, wasniadeto vote IbrS<'yniour 
and l^lair to nioie than :J(),00() majority. Counti(iS which 
had more than ;{,()()() colonid voters ahme gave thn^e, 
two and one, and in S(5V(!ral instances no vote at all for 
Grant and Colfax. Now, every one knows jjerfefitly 
well that this n^sult was se<;ured by terror, and by vio- 
lence, by sayiny to these l)lack men : 'You shall vote 
for Seymour and Blair, the enemies of your fundannin- 
tal rights, or you shall not vote at all, or you shall be 
killed.' That was the way Lousiana was made Demo- 
cratic in 18C8, and that is the way 1 trust she will never 
be made to vote again." 

TIIK KIJ-KLUX LAW AND (MONTKAiJZATION. 

Fellow citizens, much is said about the Ku-Klux law, 
and it is referred to as evidence of a disposition on the 
part of the government to (tc^ntralize the power of the 
government, and yoi, of all the men in the nation, Mr. 
Greehiy was loudest in favor of the passage of that law. 

In the same speech just referred to, he denounces the 
Ku-Klux in strong terms, and advocates the Ku-Klux 
law, and says it is not sullicient to rely upon State laws 
for the suppression of Ku-Klux violence — He uses the 
following strong language. 

"Do you tell me that these men are liable to State 



10 SpEECrt OF Hon. Richard Yates. 

laws for the aRsaiilts and batteries that they have com- 
mitted '( 1 do not donbt it, but T say they are also in 
substance and performance traitors to the government, 
rebels against its authority, and the most cowardly, 
skulking rebels ever known to this or any other coim- 
try. I hold our government bound by its duty to pro- 
tect our citizens in their fundamental rights, to pass 
and enforce laws for the extirpation of the excrable Ku- 
Klux conspiracy, and if it has not power to do it, then 
I say our government is no government, but a sham. I 
therefore on every proper occasion, advocate it and jus- 
tify the Ku-Klux act. I hold it especially desirable for 
the South, and if it does not prove strong enough to ef- 
fect its purpose, I hope it will be made so." 

The Congressional Committee of Investigation show- 
ed that this Ku-Klux organization extended through 
eight States — armed organizations, ruffians, mauraud- 
ers, cut-throats, clad in the habiliments of flight, that 
up to that time 

SEVEN THOUSAND 

peaceful and loyal citizens had been mm^dered, and 
thousands whipped, beaten and lamed. Many of the 
most prominent citizens were murdered. They went 
into the cabins of the lowlj" and the poor, and took, 
amid the screams of women and children, the father 
and the husband and hung him upon the tirst tree. 
Ghastly murder, rape, violence of every hue, deeds of 
blood, shocking in the sight of God and man, all of 
this mostly to prevent Union men from casting their 
votes for the Republican ticket. But few comparatively 
of these men were arrested, and those who were arrested 
under the State laws were set at liberty by the Judges 
on writs oi Habeas Corpus, or discharged by jurr or s guil- 
ty themselves of the same offenses. And now when 
Congress, under the Fourteenth Amendment, passed a 
law to suppress these outrages, and President Grant 
sent force sufficient to suppress them, we are told that 
it is an encroachment of the right of self-government; 



Speech of Hon. Richaed Yates. 11 

that it is centralization. We are not only told this, 
but Mr. Greeley, for the sake of the youthern vote, in 
his letter of acceptance, gives us to understand that he 
will not execute any law for the preservation of order, 
but that the preservation of order in ea(^h State must be 
left to the laws and authorities of the States themselves. 
Fellow-citizens, the Republican party gives notice to 
Horace Greeley, and to all the Ku-Kluxdom, that as the 
Constitution was amended to give 

PKOTEOTION TO ALL AMERICAN CITIZENS 

in the United States, that every citizen of the United 
States, whether in going to the polls to cast his vote or 
whether quietly reposing in his home, shall feel that he 
is not solely dependent upon unable or reluctant States, 
Governor, Legislatures and Judges for protection, but 
that the solid power of a centralized nationality extends 
over him to shield him from murder, outrage and vio- 
lence. [Tremendous Cheering.] General Grant has 
entitled himself to the gratitude of every foreign born 
citizen, and to the applause of all good men everywhere, 
by having succeeded in having the principle re(;ognizcd 
by the governments of Europe, that any foreigner, who 
becomes a citizen of the United States by naturaliza- 
tion and returns to his native land, shall not be, as 
heretofore, liable to be arrested for military or other du- 
ty there, but shall have all the fredom, and be treated 
in every respect as a native born American would be. 
[Cheers.] 

It is now an exultant thought that our government ex- 
tends the shield of its protection to every Ameiican citi- 
zen wherever he may be, at home or abroad, on the land 
or on the sea ; wherever the American flag floats on any 
continent,sea or island,under the whole heavens, it carries 
with it the proud supremacy of American law, and com- 
plete and ample protection to every American citizen in 
the enjoyment of all his rights. The exclamation "I 
am an American citizen!" is the talisman of protection. 
Twenty years ago, when Martin Kosta, a Hungarian, a 



13 Sftj:cii of Hon. Richaiip Yates. 

naturalized citizen of the United States, was aiTested by 
the aiithorities in the dty of Smyrna, in Asia Minor, 
for some political otlence, and he appealed to the Amer- 
ican Consul, and Captain Ingram demanded his release, 
he was given np, and Austrian otticials 

STOOD r>ACK IN TVKKOK 

before the thitter of the Stars and Stripes. 

Shall the prison doors of imperial Spain fly open to 
Dr. Howard, npon the demand of the Pivsident, and 
yet the government stand snpinely by and see its own 
citizens murdered in cold blood merely for political 
opinion's sake ^ 

Senator Trumbnll complimented Governor Palmer for 
changing the name of "'State rights" — and calling it by 
the new name of 

•'LOCAL SM.r-G OVRKN:^lEiIT." 

Xow, to show to what ridicnlons extremes this pre- 
tension of "local self-government" was carried, remem- 
ber that when wild dismay came on the people of Chi- 
cago, and helpless age and feeble infancy, and stern and 
rngged manhood stood back in fright before that storm 
of universal lire, which swept away the accumulated 
wealth of half a century of toil, hurrying palatial edi- 
fices, sanctuaries of religion, temples of justice, halls of 
learning, seats of trade in one mighty cemetry of un- 
distinguished ruin, and when the demon of pillage and 
plunder was doing his work— when at such a time Phil. 
Sheridan (^without tirst reading the resolutions of 'OS, or 
Calhoun on State Kights), rushed to the rescue, it was 
deemed such an outrageous interference with local self- 
government" that Governor Palmer made that a lead- 
ing point in his letter declining to run on the Grant Re- 
publican ticket for Governor, and went right straight 
off to the Democratic party. [Laughter and applause.] 

DISUNION. 

Fellow-citizens, there is something 'most alarmingly 
strange in the present canvass. Perhaps there is not a 

Democrat who hears me to-night, who would not have 



Speech ok Ihtn. Richai;!) Yatkk. 13 

been insiiltwl five yc-UH w/u, if I \r.ul loM liim lliul Ik^ 
waH a diHiuiioMiHt, or tluil in Ww year 1H72 lie would 
vo1(^ for a fliKuriioniKt for l»n-Hirl<Ti1. I had fxtcn tau^lit 
HO l.o lov(! and n-vrc I he I'nion in :ill my hcIiooJ books, 
and in llic liislory of my connlry, llial 1 r«-gard(^d a dJH- 
unioniHl an a monHt(ir, and (iV(in up to Ui(i cIok*^ of Ujm 
war I hclioved thai for IIiIh i^Teat crimen, t\ut ovart act of 
diHiinion, Jeff. Daviw would fxi him^. 1h it not wtrango 
tlicn that now nearly one half of our (:ountrym«;n aro 
array<^d foi an avow<;d disunionist for TreHident ? 

'llutra mii^ht have been Home doubt aH to Mr. Gree- 
ley'H vi(!WH at the present, but Imh recent IMttHbnr^ 
Bjxteeh r(;vealed all. [i\p])lauHe. | 

In November, 18(50, JuHt b<5for(; Mr. IjiiKoIn took his 
Beat, and often })etween that time and the r-loK<^ of th«i 
war, Mr (jireclcy naid that whenevr^r a mnjority of the 
people of a State, or of any niimbtir of States, desired 
to never their connection with the, Unior), they }iad aright 
to do HO, and that the United SlateH had no riglit to co- 
erce them to remain in the Union. He went farther than 
ttie leaderH of the rebellion, who c<Hitended tliat the 
States had the right of Hecession by virtue of their 
State Hoverignty, but Mr. Greeley again and again naid 
that they had a nujral and inalienable right to with- 
draw from the Union, Just hucIi a right as our fatliers 
had to de<;lare the colonies ind<ipendent of Gre,at Hrit- 
tian. There can be no doubt that had Mr. Gre<iley been 
electcid President instead of Mr. jjincoln. that the South- 
ern Confedra<;y would now be a fact, and slavery forev- 
er and immutably established as the cr)rner-Htone of the 
new empire. 

These views of Mr. G., perliaps mo/e tjjan any other, 
more than his offer of compensation for slaves, or bail- 
ing Jeff Davis, or his vaunted protestations of amnes- 
ty — influenced this Southeirj Democracy so strongly in 
his favor at Cincinnati, though they all had their in- 
ibience. [Cries, "That.s so."] 

I, myHelf, heard frank Hi air say in the Senate, on 



14 Speech of Hon. Richaed Yatts. 

the 17th of February, 1871, when he had as little 
thought of ever supporting Horace Greeley for Presi- 
dent as he has now little expectation of his being elect- 
ed, that Alexander H. Stephens of Georgia contended 
with great eloquence in the Georgia Convention against 
1he secession of his ".-tate, and that the only reply was 
a paragraph read by Mr. Toombs from the New York 
Tribune^iw which it w^as declared that if the Southern 
people choose to secede, they had as much right to sep- 
erate themselves from the Northern States as oiu' ances- 
tors in 1776 to seperate themselves from the mother 
country. 

Mr. Blair further said that he read the paragraph at 
the time, and that it did more to discourage Union men 
in the South than any thing that occurred at that peri- 
od ; that the sentiments of Mr. Greeley were hailed by 
the secessionists, because it led them to believe that 
they could go out of the Union in peace, vrithout coer- 
cion to restrain them ; and that Mr. Stephens only 
failed by a few votes in preventing the secession of 
Georgia, and that Mr. Greeley was more responsible 
for 

THE BLOOD THAT DRENCHED THE LAND 

than any other man. [Sensation.] 

There is no evidence anywhere that Mr. Greeley has 
ever retracted any of his secession, disunion sentiments, 
and now the country is startled by his declaration at 
Pittsburg, the day after 40,000 survivors of the war, 
who had fought to save the Union, met at that place in 
the Soldiers and Sailors Convention. Hear what he 
says: "Fellow citizens! I demand that there shall be 
open, free discussion before the Southern people. If, af- 
ter an honest, unterritied, unconstrained vote, they 
prove that tiie people of the South say they want dis- 
union, / loUl consent to it.'''' 

Now, are the people of Missouri ready to cast their 
votesffor an avowed disunionist ? Will they so soon 
forget what this Union has cost — how much treasure ? 



^.^f',^™?^?'^' 



Speech of Hon. Richard Yates. 15 

Will they so soon trample sacreligiously upon the 
graves of our immortal revolutionary dead, and insult 
the memories of the x,00,000 patriots who fought and 
who tell m the late war to save our Union ^ [Applause 
and shouts of ''No, no."] 

Now before me in this large and intelligent audience, 
there are men born, as 1 was, in a slave State, and a 
large majority of those here understand the feelings of 
the Southern people. How long, let me ask them, if 
Mr. Greeley were elected, before the discussion which 
Mr. Greeley invites would commence ? Who can doubt 
that a majority of most of the Southern States would pre- 
fer peaceable disunion, to remaining in the Union and 
being taxed to pay the Union debt while their debt is 
unpaid, to paying the losses of Union men by the war 
while theirs is unpaid ? To paying the pensions of the 
widows of Union soldiers while theirs is unpaid ? How 
long before they would put Mr. Greeley to the test and 
say, "you said that if after hone-t, unterrified, uncou- 
strained discussion the people of the South wanted dis- 
union you would consent to it," how long before they 
would say to him they wanted it, and how could he re- 
fuse it? 

WHAT IS THIS UNION ? 

It is the priceless gift of those men who struggled 
round about the camps of liberty "in days that tried 
mens souls ;" those old men who came with their 
wounds bleeding fresh from the battle tields of the Rev- 
olution—with their locks dusty and hoary, and their 
sandals worn, from those fields of blood. [Tremendious 
cheers.] 

Washington, in his farewell address, said : "The Un- 
ion was the main pillar in the edifice of our independ- 
ence ; the paladium of our liberties ; the support of our 
tranquility at home, of our peace abroad, and of that 
very liberty we so highly prized." He said "it was easy 
to forsee that from different causes and quarters much 
pains would be taken and many artifices employed to 



16 Speech of Hon. Richard Yates. 

weaken our confidence in the Union, and that we 
should indignantly frown down any man who should 
even suggest a suspicion that it might in any event be 
dissolved." 

Who, in his school boy days, does not remember 
those glowing words of Mr. Webster in reply to Mr. 
Hayne : "While the Union lasts we have high gratify- 
ing prospects spread out before us, for us and our chil- 
dren. Beyond that I ask not to penetrate the veil. 
God grant, in my da}^ at least, that curtain may not 
rise. When my eyes shall be turned to behold, for the 
last time, the sun in heaven, may I not see him shining 
on the broken and dishonored fragments of a once glo- 
rious Union — on States dissevered, discordant, belliger- 
ent — on a land rent with civil feuds, or drenched, it 
may be, in fraternal blood." 

I do not want this land disrupted, this land whose 
name means not the United States alone, but liberty. A 
friend told me this story : *'! stood once," said he, " on 
the deck of a French steamer, smoking a cigar, when a 
man came up to me and asked for a light, 'which I gave 
him. He saw 1 was a foreigner of some kind, and he 
said inquiringly, 'Anglais?' 'No!' said I, as if there 
was a bull-dog in me. He retreated a step, and then said, 
'Americane V 'Yes,' I answered, as the heart sent a red 
flag up to the cheek ; and as he looked at me he ex- 
claimed, 'Liberte! Liberte!'" [Cheers.] 

That is what will be said if we remain one, a united 
nation, prosperous at home and commanding the re- 
spect of all tht^ nations of the world. We are scarcely 
known in foreign countries as States, but as a great na- 
tion. 

I will not uplift the curtain to see what would be the 
effect, when, instead of one great nation, we would have 
a dozen, feeble, fretful ones, with standing armies, gar- 
isoned fortresses, frowning batteries and bristling bay- 
onets on the dividing line between the States. The tax 
collector to meet you at th-^ water's edge and at the bor- 




Speech of Hon. Hicharc Yates. 17 

der lines to rifle your trunks for contraband duty-paving 
goods-your way to the ocean, your way.to the gulf; 
through hostile nations, perhaps sanguinary wars lav- 
ing waste all the arts of peace-till at last desol'at^d 
impoverished and enfeebled, some modern despot would 
rise to lord it over the land of Washington and Prank 
Im; the light of liberty go out, and darkness settle 
upon our hills; and thus to fail the most sublime ex- 
periment ever made for determining the self-governing 
capacity of man. ^ 

If I had the eloquence of a Curran or a Webster I 
would appeal to every one who hears me, by his love of 
country, of liberty, by all the tender regard and hope 
he may have for his children and his children's children 
never to vote for a secessionist. And "if in the magazines 
of high heaven there be one bolt of thunder more terrific 
or one streak of lightning more firey than the rest, may 
It shiver into a thousand splinters" the miscreant traitor 
who wouhJ pi-a,s.- a single stripe or blot a singJe star 
ffoiu tije hallowed Hag of our Union. [Tremendous 
• •heeling, lasting nearly live minutes.] 

TifK UKMOCKATIC I'AKTV DKAK. 

The Democratic party, as its leaders confess, is dead. 
I heard two or three persons on the cars talking about 
its death. One said it died at Cincinnati ; another said, 
"no, it died at Baltimore," and it reminded me of a 
conversation I once heard between two friends on the 
subject of the small pox. One of them said "I knew a 
man who had the small pox twice, and he died of it." 
His friend asked him which time did he die of it— the 
time that he had it first or the time that he had it last ? 
[Laughter.] 

What a triumph for the Republican party. Whether 
the Democratic party at Baltmore or Cincinnati were 
honest or dishonest, when, in order to have any show 
whatever with the people, in the two very first planks 
of their platform they copy the whole Republican plat- 
form on the slavery question and on the new amendments 



■w^Bs^sasiCPi 



18 Spekoh of TIo^. Rich akd Yatk^. 

to tlie Constitution. 'V\w\ who opposed at every step, 
in and out oi' (\>ni;ress : who oppi^sed tMnaneipation, 
equality and ontVancliiiseinenT : who oruaui/.ed stnvs- 
sion, revolt audi'ivil war: the\ wlio, in c^pposition to 
our Union KepuMican doetrin> s, slew hundnHls of 
thousands of the youth, flower and ehivalry of the land, 
and hrouii-ht down the oray hairs of tottering agi^ with 
sorrow to the grave. ThoN , as well as all their'Xorth- 
ern. neixro-hating sympathizers have got square-toed on 
our platform, so that we can exolaini : let the earth re- 
joiei^ and the sous of men shout for Joy that tuu- Re- 
puMieau party, erowned witli victory on every hand, 
survives to see all opposing powers eonie on to the plat- 
form. whi^'h, in its iufauey. it adopttnl, and still main- 
tains in all the strength of giant mauiiood. Haill all 
hail, the great RepuMu'au party. I Great applause.] 

Hui fellow citizens, there really was no sineerity in 
this Oineinuati platform. It was the mightiest fraud of 
the eeuturv- - there is nothing in shamelessuess in all his- 
tory to eompaie with this eouspirae^y. this eombination of 
opposing factions ; of able leaders who have been op- 
posiuii- each other all their lives and advocating radical- 
ly ditferent measures — ti> see them coming together. 
shakiuiT hands on a Ciunnu)U platform and nominating 
a uuiu which m>ue of them wert» at heart in favor of. 
Now who believes in this sudden conversion of the 
l>euu>cratii' party- -a conversion nun-e sudden than that 
of Paul when the light shone on him on his road to 
Damascus f [Cries of "No i>ue"J 

"AVe," says the Cincinnati-Baltimore platform, ''we 
recognize the equality o\' all men before the law" — Do 
you i That's rich. "Mete out justice, equal and exact 
justice, to all, of whatrwer nativity, race, or persuasion, 
reliijious or political."' Hut who believes you ^ Who 
believes that you, who have boasted so long and loud 
that this was 

A wurrK man's OrOvEKNUKNr; 
wlio believes that you are cordially willing that negroes 




Speech of Hon. Hiciiaud Yattw. \<.i 

should vote and Hit on JurieH after your Hl<'a(ly opposi- 
tion for till ity yeaiH '( 

The aecond plank ways : 

"We pledge ourselves to maintain the union of these 
States, ennancij)ation and enfranchisement, and to op- 
pose any re-opening' of the questions setthid by the 
Thirteenth, Fourteenth, and Fifteenth Amendments of 
the (Constitution." Now if they are lionest in this, why 
all this talk about all p(>wers being centralized in the 
general govc^nnnrnt, and in another part of the very 
same platform maintain that tlip Fourteenth Amend- 
ment, which em[)owerH Congress to preserve order and 
protect the citizens of every State, shall be nnllili«Kl, 
and to use Mr. Greeley's own words, tliat "eac.-h State 
shall l)e left free to enforce the rights of its inhabitants 
by such means as the judgement of its own people 
shall prescribe ?" Show me if you can in the lists of 
those men who organized sec(\ssion, and who now sup- 
port Mr. Greeley, and who biought on the war that they 
might establish slavery by eternal law — show me tliat 
in one of their (conventions, or that any of their Rej)re- 
sentativea in (Jongress, or that any of their leading 
journals, admit that slavery or the war was wrong ; or 
that, wh(;n tliey opposed the amendments tor protecting 
the riglits of the citizf^ns, that they were in the wrong. 
No; their orators and papers boldly proclaim that the 
ele(ction of Mr. Greeley would be the recovery of the 
lost caus(!. There is no condemnation by them of the 
Ku-Klux. There is no sign of repentance, or that they 
would keep step to the music of the Union ; and, al- 
though it is only a few years since so much Union })lood 
was shed, swarming thousands of these men, whose for- 
feit lives have been spared them, are at the polls, 

VOTING AOAINST UNION MKN, 

and for the piinciples for which they fought. 

Now, fellow citizens, the party in this country which 
by evasive platforms or in any other manner, takes 



20 Speech of Hon. Richard Yates. 

much stock in cheating^ the people, is sure to come out 
bankrnpt at the end. [Applause.] 

The smartest thing- in this country is the people. 
Politicians can't pull the wool over their eyes. 

This conspicions, trant?cendent treason to party of 
Sclmrz, Trumlnill, Sumner and others could not bring a 
film over the eyes of the people, but has tixed a blot 
upon their names, which, like the spot on the murder- 
ous hand of Lady Macbeth, all oceans' waters can nev- 
er wash away. [Prolonged cheers.] 

As to the desertion of Trumbull and'Palmer, in our 
State, there was no reason, for long after the wrongs 
with which they charged the administration had occurred 
they at the Republican State Convention at Springfield 
in September "71, commended that administration as 
eminently wise, patriotic and economical. Why did 
they not follow the Republican usage and oppose Grant 
in the Philadelphia Convention ? Under such a usage they 
themselves had often been elected over good men in the 
party who had cheerfully submitted to the majority in 
convention and supported them as the nominees even 
against strong personal dislikes. None of these deser- 
ters have resigned the oifices conferred on them by the 
party, or sui'rendered the emoluments thereof. No, fel- 
low citizens, they struck the hand that fed them — they 
slapped in the face the mother who gave them milk, — 
they smote the party which made their names honored 
in the land. 

Still our Illinois deserters, Trumbull and Palmer, de- 
nounced the Philadelphia Convention as packed with of- 
fice holders. And yet Palmer, Trumbull and Davis had 
hardly left the Republican party till they all became 
candidates for the Presidency before the Cincinnati 
Convention. Every Illinoisan must have felt that Ill- 
inois was making herself ridiculous in the number of 
her candidates for the Presidency. As my friend Judge 
Gillespie, of Edwardsville, said: ''A stranger would 
suppose that our hive contained 



Speech of Hon. Richakd Yater. 21 

NOTiriNf; i',(f'r c/ukkn hkk.s, 
and that just hiHathin«.- the air of Illinois for a short 
time was enou^^h to make a man Pn^sident." The er- 
mine of the Supreme bench, the honors of the guberna- 
torial cliair-, tlie glories of the Senatorial chamber, all 
faded and givw dim befort- the lustrious halo of Piesi- 
dential aspiration ; and here they went, pell mell, dou- 
ble-quick, devil take tlie hindermost, and— and waked 
up in the ari]is of good old Mothei- Greeley. [Laugh- 
ter.] 

Hatred of Grant, despair of getting appointments 
under him, and spui-red on by Democrats long out in 
the cold, were moving causes, and perverted their hearts 
to see faults whicli friendly eyes would not have seen. 
The truth was, Grant was tired of their self assumed 
right to dictate the policies of his administration, and 
of their importunities for patronage — they hung like 
rebellious children at the nipple, and Grant weaned 
them and they went off bawling foi- Demociatic milk. 
[Laughter.] 

Now Grant, I think, did not treat me right. T asked 
him for an otfice wlieu 1 left my seat in the Senate. He 
did not give it to me. but I did not for that go back on 
my life-time rec'ord, and desert the great party of liber- 
ty, X)rogress, union and reform. No summit of power, 
no pla(.'e, no emolument cc^uld induce me to suirender the 
great principles to whicth I have given my life. [Cheers] 

But the conspiracy did not work well. At every point 
it seems to have been foiled. 

There were the friends of Adams, Chase, Groesbeck, 
Davis, Trumbull, Pendleton, Hendricks and a good 
many other willing souls, who did'nt know but they 
might be struck, but scarce anybody thought of the 
sage of Chappaqua; but there was a Blair in the way, 
the same I^lair that n(»minated himself with Seymour 
in 1868 at New York, by the Broadhead letter against 
the carjjet-bag governments, and by declaring the 
amendments revolutionary, unconstitutional and void. 



32 Speech of Hon. Richakp Yates. 

Being at the St. Louis end of the telegraph wires, Fraiilv 
learned that Grat/. Brown and his Missouri policy were 
about to give in, and that Brown was not only certain 
not to be nominated for President, but that his chanees 
for Vice-President were very slim. Frank soiui m>t to 
Cincinnati, and soon saw ihe only t-hauce for Brown 
was for hint to decline in favor of Greeley. [Laughter] 
It was Frank who hit the owl. 1 nuist tell you the 
stor} . A man came runnii\g into a crowd comfortably 
seated around a tavern tire, and he said that Deacon 
Peabody's barn and carriage and horses were all burnt 
up. "1 >h my !" they all exclaimed, and asked how it hap- 
pened. "AVell, said the nuin, a fellow ^hot at an owl up 
in a tree over the barn, and the wadding fell down on 
some hay and set fire to it." AA'ell, there was great talk 
around the lire ; what a misfortune! What ought to be 
done, &c. I There was one fellow in the corner who had 
kept quiet all the time, but at last looked up. ami said, 
"Mister, did he hit the owl i" [Laughter.] 

ir WAS CROW AT FIKST. 

Davis' shouting legions went home with the bronchitis ; 
l*almer's friends went home ; Trumbull's and Adams' 
hosts were overthrown, and the great Schurz played a 
mournful ditty on tlie piano. [Laughter and cheers.] 
But the die was cast- the child was born, and his name 
was "Horace." [Laughter.] Now wliat a wonderfully 
recuperative set of fellows they were. They soon dis- 
covered that Horace was the most available nuin they 
could select. Why, by the platform fixed up, a free 
trade man or a taritf man could support him. Why, he 
had the most pliable record in the world. Why couldn't 
a Republican support him i said Trumbull at Decatur. 
And why couldn't the negroes support him i Has he not 
been a Republican all his life i AVhy couldn't the Dem- 
ocrats support him t said the Baltimoreites. Had he 
not deserted the Republican party, and wasn't he for 
secession in *60 t Wasn't he with Jake Thompson & Co. 
in Canada, for peace and for paying 8-^,000,000 for 



Speeoit OF Hon. Puohard Yatrr. *i3 

alaveH ? Didn't htt bail J.-Jl" Duvis ' Wasn't lie, ni i\u', 
imd of tliii war, for amnesty, anfl triad as l)la/»!H h(^cauaH 
a Rf;puhli(;an (yon^rnss would not hU, Jeff. Davin into 
the tSenate. 

Why, this was all ri^^ht anything to hf^at (irarit. 
But thHHH (^onspiratorH have learned a lesHon. 

They ?iave Been that a new y)arty (;annot fx- impro 
provised to order hy a few disapointed office seekers, 
nor by tiraden of abuse and slander, nor by elamorous 
appeals to passion and predjudic<^ ; it is not, as th«y 
supposed it would be, like the uprising of the K<'piif>li- 
ean party in Jh50. There must b(5 some great principle, 
like that of opposition to slavery, or to some foul wrong 
whieli lays hold of the popular heart and moves it in 
every iibre and impulse in all its unfathomed ocean 
depths — it is then you behold the might, the majesty of 
an uyH-isen people, [(xreat applause. J 

The day of miracles is y)ast. The walls of Jericho 
were blown down with ram's horns. "Ho when the sev- 
en priests blew with the sev(-n trumpets, the people 
shouted with a loud voice, and the walls fell, and great 
was the fall ther<H)f." But when (rreeley, Tjumbull, 
Sumner, Sohurz, Fenton, Tipton and Palmer blew with 
a loud voic(5, the people didn't shout worth a cent, and 
the walls didn't fall a hit. (Irani stock went right up. 
Thirteen States rolled up Republican majorities. And 
now yjrey)are for the next blast, for 1 believe New York 
will litter a voice for (irant and Dix, louder than the 
catara(;t that thunders on her western borders. [Tre- 
mendous cheering.] 

GJtEKLKY ON THE TARIFF. 

The main obje(;t to be promoted at Cincinnati was 
free-trade. This was not only the idea of the Missouri 
movement, but was the leading idea of capitalists in 
New York. 

Now here was a puzzle ; the question was how to con- 
struct a platform for a candidate for President who was 
known to bo the liighest tarill" man in the United 



^4 SpEEcii OF Hon. Richard Yates. 

States, and for a candidate for Vice-President who was 
just as well known to be opposed to a tariff and in fa- 
vor of absolute, out and out free-trade. 

Now to statesmen with less power of ready invention, 
with less adaption and tact to do what was required by 
the circumstances, with less faculty to tune into sweet 
harmony, jarring and discordant notes, and to states- 
men of less HONESTY, in the expression of their views, 
here indeed was a quandary, but to the Cincinnati- 
Baltimore statesmen, those "Israelites indeed in whom 
there was no o-uile." The thing was ''just as easy as 
falling off a log." In the emergency, yea in the twink- 
ling of an eye, these modern Talleyrands proved them- 
selves masters of the situation. 

"They disentaugled from the puzzled skeia 
The threads of politic, and shrewd design." 

Now see how easy they ''did it up brown ;" how they 
reconciled the tariff and froe trade inconcilf»able, and 
yoked iji svveM fellowsliip a taiilf l*r"'si(h^.»it and a five 
trade Vice. 

Why. simpiv by saying thai tlir Pc-sideiit .slioiiM 
lia\e HO opini'Mi on the sul)jHct of the tariff, tliat he 
c?hou!d not coiuniiinicate his views to t'ongress on tiial 
cpiestion, and that he would approve without ques- 
tion, and not veto any bill which Congress might 
pass. Let Mr. Greeley speak for himself. He says in 
his letter of acceptance. ''Recognizing that there are 
in our midst honest and irreconcilable differences of 
opinion in regard to the respective systems of protec- 
tion and free trade, we remit the discussion of the sub- 
ject to the people in their Congressional districts and 
the decission of Congress thereon wholly free from exe- 
cutive interference or dictation." 

Fellow citizens, in assuming this position, Mr. Gree- 
ley committed the greatest blunder, not to call it by a 
harder name, of his life. In this Mr. Greeley surrend- 
ered the most important perogative of the executive de- 
partment. As President he is required to take an oath 



Speech of Hon. Eichaed Yates. 25 

to support the Constitution of the United States, and 
by that Constitution it is made his duty not only to 
communicate his views to Congress on public measures, 
but also that every bill which passes Congress is to be 
submitted to the President, which if he approves^ he is 
to sign, and which, if he disapproves, he is to send back 
to Congress with his veto, stating his objections there- 
to. But, he makes in his letter of acceptance a solemn 
covenant with the Convention that nominated him, that 
he will set aside the constitutional requirement, that he 
will not "interfere with or dictate'- to Congress in its de- 
cision upon any bill, and will not veto any bill it may 
pass, however objectionable or injurious in his own 
mind it may be. 

Now bear in mind that the most prominent of all the 
log-rolling bills which comes before Congress is the tar- 
iff. Different sections have different interests. Penn- 
sylvania, who has iron and coal, and wants high pro- 
tection for them, can say to New England, who wants 
high protection upon her manufactured articles, "If you 
will give me so much tariff on coal and iron, I will give you 
so much tariff upon the products of your factories ;" and 
whatever bill this combination might make through 
their representatives in Congress, Horace Greeley 
agreed to sanction, surrendering for the sake of the 
Presidency one of the most important prerogatives of 
an independent department of the government. Like 
King John, who, at the behest of the barons, surren- 
dered all the prerogative's of the crown for the empty 
name of King, Horace Greeley surrendered one of the 
most important prerogatives of one of the independent 
departments of the government for the sake of beino- 
President. I cannot better illustrate this surrender 
than by copying from the message of Governor 
Palmer of Illinois, what he says is the duty of the 
Governor when a bill has passed the Legislature of the 
State, asking you to bear in mind that the Constitution 
of the United States and the Constitution of the State 



'20 SrEKCH OF Hon. Riouvun Y.\rv;s. 

of Illinois are the same as to the duties of tlie Presi- 
dent and the Governor. 

Governor Palmer says : "Under the Constitntion. all 
bills that have passed both Rons^es tire to be laid before 
the Governor for his eonsideration, and if he approve 
the same, ht^ is ret.\nired to affix his sii;nat"nre thereto ; 
and if he does not approve, he is forbidden to sign, and 
unist retnrn sneh bills as directed by the Constitntion, 
and mnst state hi;, objeetions to the same." 

•'The Governor cannot, npon any gronnd, refuse to 
sign any bill, if, in his Jndgement and eonseienee, he 
approvi's it ; and he I'annot, withont a betrayal of his 
dnty, sign any measnre nnless he approves it. His dn- 
ty in this respect is as solemn as any other he is called 
npon to perform, and he cannot withont crime, yield to 
the intluences of fear or'favor, nor to any^apprehension 
of evil ov expectation oi' ben»'tit ; and he is bound at 
the same time to do more than fully cmicede to the 
General Assembly the riglit to consider his opinions 
when they are adverse to any bill that has received the 
assent of both Houses, fvu- he is bound to assert even 
as against himself ihe just powers of the General As- 
sembly ro the extent that they are created and defined 
by the Constitution 

AM2s ESTY . 

On this questivui, it seems that the Democratic party 
^firive the people credit for very little sense. The people 
themselves see and know what th-^ Republican party 
have done in the way of amnesty. That now all the 
rebels are permitt«^d to vote, and all permitted to hold 
office, except 2^^,^ persons, who were metnbers of Con- 
gress or of the Cabinet, officers in the army or navy, or 
foreigii ministers or other diplomatic agents abroad, 
at the beginning of the rebellion, and who had taken 
an oatli to support the Constitution. Xow, when we 
look at the monstrous treason of the South, when the 
bloody shrouds of 4iK>,000 of our slain soldiers passes 
in procession before us. and thousands of the crippled 



Si'KKCir (;k TTon. HjcifARD Yatkh. 27 

from our f>at.U<-. fifJdK, and t)ioii.sand?5 dragging Ui<iir 
difieaHed and toU.ering framen — the poor prisonerK of 
And^rHonviile, CaHtl«i Thunder, and l^.^lle Isle— and the 
cold-bIood<id aBsaKJ nation of the nation'n niOHt lov< d 
and honored chief— he who had Hunken dfjeper into the 
American heart, than any other man, whom they had 
learned to love and lean npon, as friend, father, deliv- 
erer, tlie moHt ma^nifir;ent man of the a^e, before wlionj 
(iWHry head in the civilized world was bent in ravfirancAi, 
freedom's immortal maKyr— and when beHid^s all this 
we Hee the wicked, Kn-Kliix, niurderoiiH npirit of those 
to whom we have already given pardon, who can nay 
we have not already ^one far enough ? [CVieB of "yes" 
"yeK."] Th<>8<'. who laid down their liveH are to be for- 
gotten, while thoKe whoKe hands are red with their 
blood are to f)e taken into Hpe<;ial favor. No man han 
yet been tried for treanon, when Justice to our dead pat- 
riots required that swift and relentlesH punishment 
should have been visited on those wJiose hands were red 
with their blood. Forgiveness is the word — silence as 
to sohliers wrongs. Why, sir, the policy of Mr. Greeley 

WOULD MARK TREASON POPULAU, 

make us ashamed that we ever whipped JejS" Davis and 
the traitors. 

Who, hereafter, will fight for the country and the 
Union, if treason is no crime, if, before the grass is 
green over the graves of our martyred hf-roes, we are to 
be told that instead of being punished, the doors of the 
Senate Chamber are to be thrown wide open to Jeff Da- 
vis, Jake Thotnpson and their yjerjured associates ? Our 
brave boys in blue once went into battle under an in- 
sjiiring tune, and shouted, in swelling strains, "We'll 
hang Jeff Davis on a sour apple tree," and yat we find 
fiorace Greeley, the Democratic candidate for the Presi- 
dency of the United States, rashing to Richmond, and 
in the very sight of Libh)y Prison and Belle Isle, where 
our soldiers who sung that song, were in cold blood 



28 Speech of Hon. Eichard Yates. 

starved, mid shot down, going- on tlie bail bond of that 
wliolesale innrdever, Jeft'. Davis. 

• Tlie Kepnblioan j^arty has been for aninest}' ; Grant, 
in all his messages, has declared for amnesty ; and, I 
trnst, with a few exceptions necessary to vindicate the 
law, the time will come when all resentments shall be 
bnried, when all sectionalisms, such as North and South, 
East and West, shall (wase. and when, by cheerful sub 
mission and loAalty on the one hand, and magnani- 
mous foi-giveness on the other, we shall become one 
people — one in love, in hope, in territory, in race, in 
ideas, in institutions and in nationalit}" ; and especially 
when it shall be the confessed doctrine of all parties that 
all the strife breeding (xuestions of "State Rights" are 
to be merged in the idea of one gTeat nationalit.y, and 
that nation to be the undivided and indivisible United 
States of America. [Prolonged and ti-emendous cheer- 
ing.] 

GRANT. 

Upon General Grant, the events of the times have im- 
posed great and unexpected responsibilities. They 
have thrown him into the foreground of great political 
transactions. It has been a time when the nmse of his- 
tory opened a new volume, and the great bell of time 
rang out another hour. It has been a stormy period, 
and the ditticulties greater and on a larger scale than 
those ever encountered by anj^ other President of the 
United States. By the magnitiide of his great respon- 
sibilities he is to be judged, and if he has risen to the 
height of the great occasion the more is he entitled to 
credit and to the gratitude of his countrymen. 

I do not wish to draw any fine picture of Grant. I 
have never been at all intimate with him. I saw some- 
thing of him at Springfield, before he went to the army ; 
I saw him frequently in camp, on the march, in the bat- 
tle and in the White House. I think the " opinion of 
any good judge of chajracter who saw or conversed 
with him would be that he was a man of good educa- 



Speech of Hon. RiciiAitD Yateh. 29 

tion, tiTitljful and candid, Ktron^ corriTnon Renwe, quick 
in thought, terse and vij^orous in converHation— liittinf? 
the nail on the head every time— firn-i and derided in 
his opinions, and thorono-lily posted in alJ th(^ matters 
pertainin^r to the duties of his ofTx-e. 

Grant does not make speeches. Very welL Tlie old 
adage is. "Speech is silver, but silence is gold." 
Grant's promises are few; -his performance is good. 
The people are something like railroad or banking com- 
panies, who mean business— they do not spend much 
time looking after spee(;lj making Presidents. The 
whole country is checkered over with the wreck of men 
who were called great because they made great speech- 
es. They made also great mistakes. What a mournful 
proof of this fact we have in the fatal mistakes and ter- 
rible blunders of (hose great men and great speakers, 
Sumner, Schurz, and Trumtnill- upon whose words 
listening Senates hung enraptured. 

Grant's messages compare favorably with those of 
his predecessors. Tliey are clear and forcible in state- 
ment, and for wise, statesmanlike presentations have 
won for him enconiums from the first ipen of the nation. 
Though bred to arms, and thoutrh a war with England 
would have been popular and opened a field to him in 
which he, as an unmatched general, would have won 
new laurels, yet lie has won greener laurels by elevating 
hims(^lf to the lofty plane of the Chrisdan General and 
Statesman, in averting a war vvith England through im- 
partial arbitration, and thereby has set an example to 
all coming time, for the peacf^ful adjustmfmt of intej-na- 
tional differences, by which the sword may be turned 
into the pruning hook, and nations learn war no more. 
[Great applause. J 

Perhai)s he stands higher to-day, in the estimation of 
the wise and good, for the patience lie had exhibited, 
under innumerable difhculties in all our foreign rela- 
tions ; and yet all well know that should war ])e forced 
upon the nation, he would stand calm, self-posessed 



30 Sptiech of TloN. Ivion.\Kr> Yatesi. 

and equal to the emergeiu-y. His record is a standing 
notice to all the naticnis of tlie wcn'ld that lie balances 
with a level hand tiie scales of international Justice, 
and would defend and maintain to tht^ last our national 
rights and honor. 

1 feel proud of General Orant. Some things a man 
has a right to feel prond of; lie has a right to feel 
prond of success in business, of a well cultivated farm, 
of a good wife and a dozen children, of a good horse, 
an ugly dog, audit's nobody's business ; but there is one 
thing a man has a moral and inalienable right to feel 
proud of — aT\d tiends or devils can t deprive him of it, 
and CtchI or angels won't, and that is of a good deed. 
Now, all of this might}' crowd of people, all of you 
put together, not even these fair ladies, nin- the boys in 
blue, nor y(ui Mr. President, nor the whole world, 
can deprive me of the pride T feel in being the forty 
millionoth man who gave Grant his commission as col- 
onel, and started him on the road to immortal fame. 

I like Grant: tirst, while Greeley bailed Jeff Davis 
Grant whipped him. 1 like him because he would 
not be 

it UN BY THE SOREHEAPS. 

1 like him for his humane Christian policy toward 
the Indians, sending them the messengers of peace in 
plact^ of heartless agents, who have so long defrauded 
them of their rights, and involved them in savage wars. 
1 likt> him because he executes the laws, puts down the 
Ivn-Klux, carries out the reconstruction measures, and 
protects the American citizen everj^vhere, at home and 
abroad; because he brought England to terms and 
brought about a new. Just, and peaceful mode of ad- 
Justing international discords ai d ditterences ; because 
he is honest and faithful ; because he was nmgnani- 
mous to Lee and his army, and because he never strikes 
a man when he is down. I like him because he is a 
friend of the I'uion, and of all sections of the Union, 
and has unbounded patriotism. I like him because he 



Spei^oi, ok Hon. Riciia,>i, Yatts 3] 

<;y and prosperity thn.n.i. ai. our Se " V^^ZZ 
«Hs. "h. n.v..r was b-at and tk^v..- will Jt.t ^^^ 
b.3cau8. he w. 11 heat our old friend (;..,.!.,, ;,,"," 
And T bk. him because he ainf "afeere^" , to fo 

-S":;'- . ' ^" ^7:"^ ^^^ ^''-*' ^^- wood ho^p^ 

G.n ; l-a^^ ^^^•* -lonel-(|rant/[he 

dV^B in n 'tt Id ^^^^'^«"'^^~I>^--' -<• '.in lustrouH 

t V aiV FT ^ '^'''' '^^^"^P^"^ ^''^ "^me on thin rnigh- 
fy a,j?e. [rrermwlous applause.) ^ 

mility to beg you not to belie.e the charges bron-dt 
against him, nor defend hin. against ^ 

SLANDJOii AND ABUSE. 

7he Republican party does not apologize or defend 
It s opT,ed to say that it didn't do this or that or Z 
other thing and to beg the people to believe it, it would 
des.rv. to be beat. Its acts are on its shirt sl^ev.s, the 
people can see and judge for themselves. The R<.nub' 
I'can party simply refer to official investigations by 
c'ommittees in Congress to disprove charges of fraud 
It It IS charged tliat he received gifts f)efore he was 
President all right, and praise to the men who gav. 
7oT,o . «^ apP'>inted a do/en of his relatives nut of 
70 000 to ofhce, all right; why didn't he appoint mon^ '/ 
li they say he has a military ring, there is a military 
despotism, all i-ight ; Dent, Porter and Babcock, three 
army officers, are there without swords or epaulettes 
Boys in blue, ain't you "skeered ?" I am prouder of 
Grant for what he has not douf, than for what he has 
done ; for though the vilest charges have been made 
against him, he has not said a hard word against any- 
body ; he kept on in the even tenor of his way, dis- 
'•harging his great duties, and made no answ.;r to these 
charges ; -'he was revih^l but not reviled again." (An- 
plause.J ' 

My father once said to me, "Dick, character is worth 



32 Speech of Hon. Richabd Yates. 

something." I have found out he was right. The sun 
never appears more beantifuT than when he bursts from 
behind the blackening thunder-cloud; and human char- 
acter never appears so God-like, beautiful and sublime 
as, when bursting through the shackels which bind it, 
it rises amid the fires of opposition and persecution to 
victory and to triumph. 

This election will soon be over -, the verdict of a great 
people will be pronounced ; and when passion and 
prejudice shall have subsided, and our nation keeps on 
in her proud march down the centuries, and the names 
of these revilers of Grant shall have sunk into forgot- 
ten graves, history will take up her pen, and on her 
brightest page, in letters of living light, side by side 
with Washington and Lincoln, will shine the imperish- 
able deeds and immortal name of the hero, patriot and 
statesman. [Prolonged applause.] 

A word more and I dose. If Greeley is elected then 
we shall be in the same strife for four years more. 
The laws for the suppression of violence will be left for 
State making and enforcement, Ku-Kluxdom will hold 
high revel, and the lost cause will swell the notes of 
triumph, and the nation stand on the verge of secession, 
with another Buclianan non-enforcement and disunion 

President. 

If Grant is elected, further resistance in the South 
will cease, murder and violence cease. The sunshine 
of peace will illumine the sunny South ; immigration 
and No thern capital, energy, industry, schools and 
churches will go there, and her hills will rejoice, and 
from her valleys shall go up to God the songs and 
praises of a happy and prosperous people. Grant's 
successor will be elected in November, 1876, the year of 
the one hundredth anniversary of the Declaration of 
American Independence, and then as we catch in our 
eyes the ascending light of the twentieth century, may 
we not feel that the union of the States is more strongly 
cemented, and the child now lives who will see this 



Speech ck Hon. Rtciiahd Yates. 33 

tic g.o,^. that ..n-onJL ll.ri'of ^St 
ton, by the nnnnmbfred, londv Jiit]^ hiHopl-V ! , ° 

of OTir hopes of liberty anr1 hv ..l ,; ^''^"' '''''^ ^'^ '^^l 
and union of onr „ative land. And , ow ^i '' "'f 

starry roll of ReimbliVan St-,.tJJ.,u[ ' ^'™ "''' 

the very brighteat may^^l^'^^^'T""'' """"S' 
nan.e of this great an'd proud co" Vluir^Vstlt' 

of Missouri. [Prolonged cheers.] ""'"' ""^ ^tate 



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